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SOCIAL SECURITY ACT 1991 - SECT 198H

Disposal of assets in pre-pension years--individual higher ADAT score adults

             (1)  This section applies in determining whether a person (the carer ) qualifies for a carer payment when claiming it for caring for a care receiver who:

                     (a)  is a higher ADAT score adult; and

                     (b)  is not a member of a couple when the claim is made.

          (1A)  This section applies only to disposals of assets that took place before 1 July 2002.

             (2)  If:

                     (a)  the care receiver has disposed of an asset of the care receiver during a pre-pension year of the carer; and

                     (b)  the amount of that disposition, or the sum of that amount and of the amounts (if any) of other dispositions of assets previously made by the care receiver during that pre-pension year, exceeds $10,000;

the lesser of the following amounts is to be included in the value of the care receiver's assets for the period of 5 years that starts on the day on which the disposition took place:

                     (c)  the amount of the first-mentioned disposition;

                     (d)  the amount by which the sum of the amount of the first-mentioned disposition of assets and of the amounts (if any) of other dispositions of assets previously made by the care receiver during that pre-pension year exceeds $10,000.

Note 1:       For disposes of assets see section 198F.

Note 2:       For amount of disposition see section 198G.

             (3)  In this section:

"pre-pension year" , in relation to a carer, means:

                     (a)  the 12 months ending on the carer's start day for carer payment; or

                     (b)  any preceding period of 12 months.



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