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FARM HOUSEHOLD SUPPORT ACT 2014 - SECT 9

Qualification of farmers' partners for farm household allowance

    A person is qualified for farm household allowance for a period if throughout the period:

  (a)   the person is not qualified for farm household allowance under section   8; and

  (b)   the person is a member of a couple; and

  (c)   the person's partner is a farmer; and

  (d)   the farmer contributes a significant part of his or her labour and capital to a farm enterprise; and

  (e)   the farm enterprise has a significant commercial purpose or character; and

  (f)   the land that is used for the purposes of the farm enterprise is in Australia; and

  (g)   the farmer resides in Australia; and

  (h)   the person is an Australian resident, and is in Australia; and

  (i)   either:

  (i)   the person has indicated, in writing, that the person is willing to enter into, and comply with, a financial improvement agreement; or

  (ii)   a financial improvement agreement is in force in relation to the person; and

  (j)   the person meets the 4 years or less requirement.

Note 1:   For paragraph   (d), see section   11 if a person is exempt from the activity test under section   31 (temporary incapacity).

Note 2:   Paragraph   (h) is subject to Division   7 (overseas portability).

Note 3:   This section is subject to sections   10 (grace period for farmers' partners) and 12 (no effective control of farm enterprises).



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