Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p45
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 113444–116059

(c) 50% of the amount of the first-mentioned disposition;

    (d) 50% of the amount by which the sum of the amount of the first-mentioned disposition and of the amounts (if any) of other dispositions of assets previously made by the care receiver or the care receiver's partner during that pre-pension year exceeds $10,000.

Note 1: For disposes of assets see section 198F.
Note 2: For amount of disposition see section 198G.

Effect of separation of couple after disposal of care receiver's asset

"(3) If:

    (a) an amount is included under subsection (2) in the value of both the assets of the care receiver and the assets of the care receiver's partner because of a disposition of an asset by the care receiver; and

    (b) the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason);

the amount that was included in the value of the partner's assets because of that disposition is to be included in the assets of the care receiver.

Effect of separation of couple after disposal of partner's asset

"(4) If:

    (a) an amount is included under subsection (2) in the value of both the assets of the care receiver and the assets of the care receiver's partner because of a disposition of an asset by the partner; and

    (b) the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason);

the amount that was included in the value of the care receiver's assets because of that disposition is no longer to be included in the assets of the care receiver.

Pension year

"(5) In this section:

pension year, in relation to a carer, means:

SCHEDULE 10—continued

(a) the 12 months starting on the day the carer pension first became payable to the carer; or

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

Certain dispositions to be disregarded for care receiver assets test

"198M. This Division does not apply to a disposition of an asset by a person (the disposer):

    (a) more than 5 years before the time when another person (the carer) became qualified for a carer pension:

(i) because the carer was providing care for the disposer and the disposer was a care receiver; or

       (ii) because the carer was providing care for the person who was the disposer's partner at the time of the disposition and that person was a care receiver; or

    (b) less than 5 years before the time referred to in paragraph (a) but before the time when the disposer could, in the Secretary's opinion, reasonably have expected that the carer would become qualified for carer