Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SOCIAL SECURITY ACT 1991 - SECT 1126B

Disposal of assets in pension year--family members

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

  (1)   Subject to this section, if:

  (a)   a person (the relevant person ) has disposed of an asset during a pension year of another person (the other person ) of whom the relevant person is a family member; and

  (b)   the other person is receiving youth allowance; and

  (c)   the amount of that disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets previously made by the relevant person or the other person during that pension year, exceeds $10,000;

then, for the purposes of this Act, there is to be included in the value of the other person's assets for the period of 5 years that starts on the day on which the disposition took place:

  (d)   the amount by which the sum of the amount of the first - mentioned disposition and of the amounts (if any) of other dispositions of assets previously made by the relevant person or the other person during the pension year exceeds $10,000; or

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

whichever is the lesser amount.

Note 1:   For disposes of assets see section   1123.

Note 2:   For amount of disposition see section   1124.

  (2)   If:

  (a)   amounts are included under subsection   (1) in the value of the other person's assets because of a disposition of an asset by the relevant person; and

  (b)   the relevant person ceases to be a family member of the other person;

any amount that was included in the value of the other person's assets because of the disposition ceases to be included in the value of those assets.

  (3)   If:

  (a)   an amount is included under subsection   (1) in the value of the assets of the other person because of a disposition of an asset by the relevant person; and

  (b)   the relevant person dies;

any amount that was included in the value of those assets because of the disposition ceases to be included in the value of those assets.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback