Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies in determining whether a person (the carer ) who has been receiving a carer payment for caring for a higher ADAT score adult who is 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.
Increase in value of assets of care receiver and of care receiver's partner
(2) Subject to subsections (3) and (4), if:
(a) the care receiver or the care receiver's partner disposed of an asset during a pension year of the carer; and
(b) 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 care receiver or the care receiver's partner during that pension year, exceeds $10,000;
the lesser of the following amounts is to be included in the value of both the assets of the care receiver and the assets of the partner, for the period of 5 years that starts on the day on which the disposition took place:
(c) 50% of the amount of the first - mentioned disposition;
(d) 50% of 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 care receiver or the care receiver's partner 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.
Effect of separation of couple after disposal of care receiver's asset
(3) If:
(a) an amount is included under subsection (2) in the value of both the assets of the care receiver and the assets of the care receiver's partner because of a disposition of an asset by the care receiver; and
(b) the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason);
the amount that was included in the value of the partner's assets because of that disposition is to be included in the assets of the care receiver.
Effect of separation of couple after disposal of partner's asset
(4) If:
(a) an amount is included under subsection (2) in the value of both the assets of the care receiver and the assets of the care receiver's partner because of a disposition of an asset by the partner; and
(b) the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason);
the amount that was included in the value of the care receiver's assets because of that disposition is no longer to be included in the assets of the care receiver.
(5) In this section:
"pension yea" r , 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.