Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1126AB

Disposal to which section applies

  (1)   This section also applies to a disposal (the relevant disposal ) on or after 1   July 2002 of an asset by a person who is not a member of a couple at the time of the relevant disposal.

Increase in value of assets

  (2)   If:

  (a)   the sum of the amount of the relevant disposal and the amounts of any previous disposals of assets made during the rolling period by the person;

less

  (b)   the sum of any amounts included in the value of the person's assets during the rolling period under section   1126AA, 1126AC or 1126AD or any previous application or applications of this section;

exceeds $30,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the person's assets for the period of 5 years starting on the day on which the relevant disposal took place:

  (c)   an amount equal to the excess;

  (d)   the amount of the relevant disposal.

Note:   See also section   1126E (about modification of this Division in respect of certain assets).

Previous joint disposals

  (3)   If, during the rolling period but before the time of the relevant disposal, the person was a member of a couple who jointly disposed of an asset, the reference in paragraph   (2)(a) to the amounts of any previous disposals of assets made during the rolling period by the person includes a reference to one - half of the amount of the joint disposal.

Rolling period

  (4)   For the purposes of this section, the rolling period is the period comprising the income year in which the relevant disposal took place and such (if any) of the 4 previous income years as occurred after 30   June 2002.