Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p42
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 108730–111416

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

SCHEDULE 6—continued

    (b) the care receiver and the partner cease to be members of the same couple (whether because the partner dies or for another reason);

the amount that was included in the value of the care receiver's assets because of the disposition is no longer to be included in the assets of the care receiver.

Pension year

"(5) In this section:

pension year, in relation to a carer, means:

    (a) the 12 months starting on the day the carer service pension or income support supplement first became payable to the carer; or

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

Certain dispositions to be disregarded for care receiver assets test

"53 AM. This Division does not apply to a disposition of an asset by a person (the disposer):

    (a) more than 5 years before the time when another person (the carer) became eligible for a carer service pension or income support supplement:

(i) because the carer was providing care for the disposer and the disposer was a care receiver; or

      (ii) because the carer was providing care for the person who was the disposer's partner at the time of the disposition and that person was a care receiver; or

    (b) less than 5 years before the time referred to in paragraph (a) but before the time when the disposer could, in the Commission's opinion, reasonably have expected that the carer would become eligible for carer service pension or income support supplement for a reason described in paragraph (a); or

    (c) before 9 May 1995.

Exemption from care receiver assets test

Application

"53AN.(1) If:

    (a) the application of the assets test would render ineligible for carer service pension or income support supplement a person caring for a care receiver; and

    (b) the care receiver lodges at an office of the Department in Australia, in accordance with a form approved by the Commission, a request that the assets test not apply to the care receiver; and

SCHEDULE 6—continued

    (c) the request includes a statement signed by the care receiver estimating the care receiver's taxable income for the current financial year; and

    (d) the Commission is satisfied that the estimate is reasonable;

the Commission is to decide whether the assets test is to apply to the care receiver.

Failing assets test but passing special income test

"(2) The Commission may decide under subsection (1) that the assets test does not apply to the care receiver if:

    (a) the value of the care receiver's assets is more than $376,750 and not more