Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 1157

Members of ordinary couple with different principal homes (partner not in special residence and partner not homeowner)

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

  (a)   the resident is a member of an ordinary couple with different principal homes; and

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

  (c)   the partner does not have a right or interest in the partner's principal home that 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 amount that would be the extra allowable amount if the resident were not a member of a couple;

then, for the purposes of this Act, the resident and the partner are each to be taken to have a right or interest in a principal home to which paragraph   1118(1)(b) applies.

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 amount that would be the extra allowable amount if the resident were not a member of a couple;

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

  (c)   both the resident, and the partner, are to be taken not to have a right or interest in relation to the resident's principal home; and

  (d)   the resident's assets are to be taken to include an asset whose value is equal to the amount of the resident's entry contribution.

  (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; and

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

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


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