Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 1208Z

Adjusted net value of asset

  (1)   For the purposes of this Division, the adjusted net value of an asset owned by an individual is 100% of the net value of the asset.

  (2)   For the purposes of this Division, the adjusted net value of an asset controlled by an individual is:

  (a)   if the entity that owns the asset is a company and the company is a controlled private company in relation to the individual:

  (i)   100% of the net value of the asset; or

  (ii)   if the Secretary, by writing, determines a lower percentage in relation to the individual and the asset--that lower percentage of the net value of the asset; or

  (b)   if the entity that owns the asset is a trust and the trust is a controlled private trust in relation to the individual:

  (i)   100% of the net value of the asset; or

  (ii)   if the Secretary, by writing, determines a lower percentage in relation to the individual and the asset--that lower percentage of the net value of the asset; or

  (c)   if the entity that owns the asset is a business partnership--the individual's share of the net value of the asset.

  (3)   In making a determination under this section, the Secretary must comply with any relevant decision - making principles.


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