198F

Disposal of assets—care receiver assets test

In force

(1)

For the purposes of this Division, a person disposes of assets of the person if:

(a)

the person engages in a course of conduct that directly or indirectly:

(i)

destroys all or some of the person’s assets; or

(ii)

disposes of all or some of the person’s assets; or

(iii)

diminishes the value of all or some of the person’s assets; and

(b)

one of the following subparagraphs is satisfied:

(i)

the person receives no consideration in money or money’s worth for the destruction, disposal or diminution;

(ii)

the person receives inadequate consideration in money or money’s worth for the destruction, disposal or diminution;

(iii)

the Secretary is satisfied that the person’s purpose, or dominant purpose, in engaging in that course of conduct was to enable another person who provides care for the person to obtain a carer payment.

(1A)

For the purposes of this Division, a person disposes of assets of a care child or a dependent child if:

(a)

the person engages in a course of conduct that directly or indirectly:

(i)

destroys all or some of the child’s assets; or

(ii)

disposes of all or some of the child’s assets; or

(iii)

diminishes the value of all or some of the child’s assets; and

(b)

one of the following paragraphs is satisfied:

(i)

the person receives no consideration in money or money’s worth for the destruction, disposal or diminution;

(ii)

the person receives inadequate consideration in money or money’s worth for the destruction, disposal or diminution;

(iii)

the Secretary is satisfied that the person’s purpose, or dominant purpose, in engaging in that course of conduct was to enable the person who provides care for the child to obtain a carer payment.

Note:

Subsections 198D(1B) and (1D) provide that if the child lives with a parent, the assets listed in subsection 198D(1A) and paragraph (1C)(b) are taken to be the assets of the child.

(2)

If, under subsection 1147(1A), the value of a granny flat interest is less than the amount paid, or agreed to be paid, for the interest, then, for the purposes of this section, so much of the amount paid, or agreed to be paid, as exceeds the value of the interest is not consideration for the interest.

Note:

For granny flat interest see subsection 12A(2).

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