Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p39
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 101456–104166

first-mentioned disposition;

    (d) the amount by which the sum of the amount of the first-mentioned disposition of assets and of the amounts (if any) of other dispositions of assets previously made by the care receiver during the pre-pension year exceeds $10,000.

Note 1: For disposes of assets see section 53AF.
Note 2: For amount of disposition see section 53AG.

"(3) In this section:

pre-pension year, in relation to a carer, means:

    (a) the 12 months ending on the carer's provisional commencement day for carer service pension or income support supplement; or

    (b) any preceding period of 12 months.

Disposal of assets—individual care receivers

"53AJ.(1) This section applies in determining whether a person (the carer) who has been receiving a carer service pension or an income support supplement for caring for a care receiver who is not a member of a couple continues to be eligible for the pension.

SCHEDULE 6—continued

"(2) If:

    (a) the care receiver has disposed of an asset of the care receiver during a pension year of the carer; and

    (b) the amount of the disposition, or the sum of that amount and of the amounts (if any) of other dispositions of assets previously made by the care receiver during the pension year, exceeds $10,000;

the lesser of the following amounts is to be included in the value of the care receiver's assets for the period of 5 years that starts on the day on which the disposition takes place:

    (c) the amount of the first-mentioned disposition;

    (d) the amount by which the sum of the amount of the first-mentioned disposition of assets, and of the amounts (if any) of other dispositions of assets previously made by the person during the pension year, exceeds $10,000.

Note 1: For disposes of assets sec section 53AF.
Note 2: For amount of disposition sec section 53AG.

"(3) In this section:

pension year, in relation to a carer, means:

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

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

Disposal of assets in pre-pension years—members of couples including care receivers

Application

"53AK.(1) This section applies in determining whether a person (the carer) is eligible for a carer service pension or an income support supplement when claiming it for caring for a care receiver who is a member of a couple when the claim is made.

Increase in value of assets of care receiver and of care receiver's partner

"(2) Subject to subsections (3) and (4), if:

    (a) the care receiver or the care receiver's partner has disposed of an asset during a pre-pension year of the carer;