Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SOCIAL SECURITY ACT 1991 - SECT 1153

Members of illness separated couples (partner not in special residence and partner homeowner)

             (1)  This section applies to a special resident if:

                     (a)  the resident is a member of an illness separated couple; and

                     (b)  the principal home of the resident's partner is not a special residence; and

                     (c)  the right or interest of the partner in the partner's principal home is to be disregarded because of paragraph 1118(1)(b).

Entry contribution above extra allowable amount

             (2)  If:

                     (a)  this section applies to a special resident; and

                     (b)  the resident's entry contribution was more than the extra allowable amount;

then:

                     (c)  for the purposes of this Act, the resident is to be taken to be a homeowner; and

                     (d)  any right or interest of the resident in the partner's principal home referred to in paragraph (1)(c) is to be disregarded in calculating the actual value of the resident's assets for the purposes of this Act; and

                     (e)  any right or interest of the partner in the resident's principal home is also to be disregarded in calculating the actual value of the partner's assets for the purposes of this Act.

Entry contribution equal to or below extra allowable amount

             (3)  If:

                     (a)  this section applies to a special resident; and

                     (b)  the resident's entry contribution was equal to or less than the extra allowable amount;

the following provisions apply for the purposes of the application of this Act to the resident and to the resident's partner:

                     (c)  for the purposes of this Act:

                              (i)  the resident is to be taken not to be a homeowner; and

                            (ia)  the partner is to be taken not to have a right or interest in relation to the resident's principal home; and

                             (ii)  the resident's assets are to be taken to include an asset the value of which is equal to the amount of the resident's entry contribution; and

                            (iii)  sections 198K and 198L, subsection 1118(1) and section 1126 do not apply to the asset that the resident is, because of subparagraph (ii) of this paragraph, to be taken to have;

                     (d)  any right or interest of the resident in the partner's principal home referred to in paragraph (1)(c) is to be disregarded in calculating the actual value of the resident's assets for the purposes of this Act;

                     (e)  the resident's assets value limit and the partner's assets value limit are both to be taken to be $237,500.

Note:          The amount in paragraph (e) is adjusted annually: see section 1205.

             (4)  Subsection (3) applies:

                     (a)  whether or not the resident actually has any right or interest in the resident's principal home; and

                     (b)  whatever the value of any right or interest that the resident does have in the resident's principal home.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback