Document ID: chunk:federal_register_of_legislation:C2004C01135:clause:3_10b:p3
Version: federal_register_of_legislation:C2004C01135
Segment Type: clause
Provision Reference: sch 3 cl 10B (pt 3/4)
Character Range: 162551–165069

(f) in the base tax year, the parent was a member of a partnership; or
 (g) in the base tax year, the parent:
 (i) worked for gain or reward otherwise than under a contract of employment or apprenticeship, whether or not the parent employed one or more other persons; but
 (ii) was not, in so working, wholly or mainly engaged in a primary production business owned by him or her.

 (4) A payment received by a person is income assistance if it is:
 (a) a youth allowance received by a person who is undertaking full‑time study; or
 (b) an austudy payment; or
 (c) a payment under this Act (except a family tax payment), or the Veterans' Entitlements Act 1986, that is exempt from income tax under Division 1AA of Part 3 of the Income Tax Assessment Act 1936 or Subdivision 52‑A, 52‑B or 52‑C of the Income Tax Assessment Act 1997; or
 (d) a payment under:
 (i) a Student Financial Supplement Scheme; or
 (ii) the scheme known as the ABSTUDY scheme; or
 (iii) the AIC scheme; or
 (e) an AUSTUDY allowance; or
 (f) a payment under a scholarship; or
 (g) a payment by a State or Territory, or a State or Territory authority, to assist the primary, secondary or tertiary education of a student.

 (5) The savings of a person include the following amounts:
 (a) the person's share in any profit retained by a company of which the person is a director, or shareholder, who has a substantial influence over whether company profit is distributed to:
 (i) the person or a family member of the person; or
 (ii) another company, or a partnership or trust, in which the person or a family member of the person has an interest;
 (b) the person's share in any profit retained by a partnership of which the person is a member who has a substantial influence over whether partnership profit is distributed to:
 (i) the person or a family member of the person; or
 (ii) another partnership, or a company or trust, in which the person or a family member of the person has an interest;
 (c) any undistributed profit of a trust that is attributable to the person;
 (d) the total undistributed profit of a trust where:
 (i) the person is a trustee or beneficiary of the trust; and
 (ii) no part of that undistributed profit is attributable to the person; and
 (iii) the person controls the trust.

 (6) For the purposes of subparagraph (5)(d)(iii), a person controls a trust if the person has:
 (a) a power of appointment under the trust; or
 (b) a power to rescind or vary a provision of, or to rescind or vary the effect of the exercise