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SOCIAL SECURITY ACT 1991 - SECT 198J

Disposal of assets before 1 July 2002--individual higher ADAT score adults

             (1)  This section applies in determining whether a person (the carer ) who has been receiving a carer payment for caring for a care receiver who:

                     (a)  is a higher ADAT score adult; and

                     (b)  is not a member of a couple;

continues to qualify for the pension.

          (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 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 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 takes 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 person during that 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:

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

                     (a)  the 12 months starting on the day the carer payment first became payable to the carer; or

                     (b)  any preceding or following period of 12 months.



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