Document ID: chunk:federal_register_of_legislation:C2025C00162:section:1157:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 1157 (pt 1/9)
Character Range: 2293133–2295809

1157  Members of ordinary couple with different principal homes (partner not in special residence and partner not homeowner)
 (1) This section applies to a special resident if:
 (a) the resident is a member of an ordinary couple with different principal homes; and
 (b) the principal home of the resident's partner is not a special residence; and
 (c) the partner does not have a right or interest in the partner's principal home that is to be disregarded because of paragraph 1118(1)(b).

Entry contribution above extra allowable amount
 (2) If:
 (a) this section applies to a special resident; and
 (b) the resident's entry contribution was more than the amount that would be the extra allowable amount if the resident were not a member of a couple;
then, for the purposes of this Act, the resident and the partner are each to be taken to have a right or interest in a principal home to which paragraph 1118(1)(b) applies.

Entry contribution equal to or below extra allowable amount
 (3) If:
 (a) this section applies to a special resident; and
 (b) the resident's entry contribution was equal to or less than the amount that would be the extra allowable amount if the resident were not a member of a couple;
then, the following provisions apply for the purposes of the application of this Act to the resident and to the resident's partner:
 (c) both the resident, and the partner, are to be taken not to have a right or interest in relation to the resident's principal home; and
 (d) the resident's assets are to be taken to include an asset whose value is equal to the amount of the resident's entry contribution.
 (4) Subsection (3) applies:
 (a) whether or not the resident actually has any right or interest in the resident's principal home; and
 (b) whatever the value of any right or interest that the resident does have in the resident's principal home; and
 (c) whether or not the partner actually has any right or interest in the resident's principal home; and
 (d) whatever the value of any right or interest that the partner does have in the resident's principal home.

Social Security Act 1991

No. 46, 1991

Compilation No. 224

Compilation date: 15 February 2025

                Includes amendments: Act No. 6, 2025

This compilation is in 6 volumes

Volume 1: sections 1–514F
Volume 2: sections 540–1061ZUC
Volume 3: sections 1061ZVAA–1157
Volume 4: sections 1157A–1263
 Schedule 1A
Volume 5: Endnotes 1–4
Volume 6: Endnotes 5 and 6

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Social Security Act 1991 that shows the text of the law as amended and in force on 15 February 2025 (the