Document ID: chunk:federal_register_of_legislation:C2025C00162:section:8:p3
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 8 (pt 3/15)
Character Range: 82740–85307

payment to the person under an insurance scheme, in relation to the person's inability to earn, derive or receive income from that remunerative work; or
 (e) if the person is not engaged on a continuing basis in that employer/employee relationship—a leave payment to the person; or
 (f) a payment to the person by a former employer of the person in relation to the termination of the person's employment; or
 (g) a comparable foreign payment; or
 (h) an instalment of parental leave pay.
 (1B) For the avoidance of doubt, if:
 (a) a person is treated, for the purposes of working out the person's ordinary income, as having ordinary income of the person's partner; and
 (b) that ordinary income would be characterised as employment income in the hands of the partner if the partner were not a member of a couple;
then, for the purposes of this Act, that ordinary income is to be similarly characterised in the hands of the person.
 (1C) For the purposes of subsection (1A), a leave payment:
 (a) includes a payment in respect of personal/carer's leave, annual leave, maternity leave or long service leave; and
 (b) may be made as a lump sum payment, a payment that is one of a series of regular payments or otherwise; and
 (c) is taken to be made to the person if it is made to another person:
 (i) at the direction of the first‑mentioned person or of a court; or
 (ii) on behalf of the first‑mentioned person; or
 (iii) for the benefit of the first‑mentioned person; or
 (iv) if the first‑mentioned person waives or assigns his or her right to the payment.

Earned, derived or received
 (2) A reference in this Act to an income amount earned, derived or received is a reference to:
 (a) an income amount earned, derived or received by any means; and
 (b) an income amount earned, derived or received from any source (whether within or outside Australia).

Domestic payments
 (3) A payment received by a person is a domestic payment for the purposes of this Act if:
 (a) the person receives the payment on the disposal of an asset of the person; and
 (b) the asset was used, immediately before the disposal, by the person or the person's partner for private or domestic purposes; and
 (c) the asset was used by the person or the person's partner for those purposes for:
 (i) a period of 12 months before the disposal; or
 (ii) if the Secretary considers it appropriate—a period of less than 12 months before the disposal.

Excluded amounts—home equity conversion (not member of a couple)
 (4) If a person is not a member of a couple, an amount paid to or on behalf of