Document ID: chunk:federal_register_of_legislation:C2006A00156:clause:1_5la:p2
Version: federal_register_of_legislation:C2006A00156
Segment Type: clause
Provision Reference: sch 1 cl 5LA (pt 2/4)
Character Range: 23776–26386

and that pension or supplement is payable to the person; and
 (c) the dwelling‑house has been the person's principal home for 20 years or more continuously.

Note: Paragraph (a)—for the qualifying age for a service pension and income support supplement, see subsection 45A(2).

 (5) Where a person (the first person) to whom the extended land use test applies in relation to land adjacent to the dwelling‑house in which the person lives is a member of a couple:
 (a) the extended land use test applies to the first person's partner (the second person); and
 (b) the extended land use test continues to apply to the second person if the first person and the second person cease to be members of a couple for any reason, provided the dwelling‑house continues to be the second person's principal home.

Extended land use test

 (6) The extended land use test is satisfied in relation to land if:
 (a) the area of the land, together with the area of the ground floor of the dwelling‑house, is more than 2 hectares; and
 (b) the Commission determines that, given the circumstances of the person to whom the test is applied in relation to the land, the person is making effective use of the land.

 (7) In determining whether a person is making effective use of the land, the Commission is to take into account the following matters:
 (a) where the land is located;
 (b) the size of the block of land;
 (c) the person's family situation;
 (d) the person's health;
 (e) whether the land contains a dwelling‑house occupied by a family member of the person, or a child of a family member of the person, receiving an income support payment (within the meaning of the Social Security Act 1991);
 (f) whether the land is being used to support:
 (i) a family member of the person; or
 (ii) a child of a family member of the person;
 (g) any current commercial use of the land;
 (h) any potential commercial use of the land;
 (i) whether the person's capacity to make commercial use of the land is diminished because the person, or the person's partner, has responsibility for the care of another person;
 (j) whether the block of land is an amalgamation of 2 or more blocks and, if so:
 (i) when the amalgamation occurred; and
 (ii) whether the amalgamation reduced the potential for the land to produce personal income or to support the person;
 (k) environmental issues relating to the land;
 (l) any other matter that the Commission considers relevant.

Effect of absences from principal home

 (8) A residence of a person is taken to be the person's principal home during:
 (a) if the Commission is satisfied that the