Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p41
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 106304–108957

in relation to a carer, means:

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

    (b) any preceding period of 12 months.

SCHEDULE 6—continued

Disposal of assets—members of couples including care receivers

Application

"53AL.(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 a member of a couple continues to be eligible for the pension or supplement.

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 disposed of an asset during a pension year of the carer; and

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

the lesser of the following amounts is to be included in the value of both the assets of the care receiver, and the assets of the partner, for the period of 5 years that starts on the day on which the disposition took place:

    (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 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.

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 (whether because the partner dies or for another reason);

the amount that was included in the value of the partner's assets because of the 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

SCHEDULE 6—continued

    (b) the care receiver and the partner cease