Commonwealth Consolidated Acts

FARM HOUSEHOLD SUPPORT ACT 1992 - SECT 10

             (1)  Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person during a period unless a determination ( favourable determination ) in writing by the Secretary that the value of the person's assets does not exceed the person's assets value limit has effect during that period.

             (2)  The Secretary must determine whether the value of a person's assets exceeds the person's assets value limit:

                     (a)  if the person claims farm household support, exceptional circumstances relief payment or farm help income support--at the time when the claim is determined under section 18; and

                     (b)  if the person is receiving farm household support, exceptional circumstances relief payment or farm help income support--within the period of 6 months from the day on which the last favourable determination took effect.

             (3)  The value of a person's assets at a particular time is worked out by:

                     (a)  working out the person's assets at that time that are not exempt assets for the purposes of this Act:

                              (i)  in a case where a person qualifies for exceptional circumstances relief payment under subsection 8A(1) and makes a claim for payment on the basis that the person qualifies under that subsection--because the person is a farmer; and

                             (ii)  in a case where a person qualifies for exceptional circumstances relief payment only under subsection 8A(5) or (7) and makes a claim for payment on the basis that the person qualifies under that subsection--because the person carries on a small business; and

                            (iii)  in a case where a person qualifies for exceptional circumstances relief payment under subsection 8A(5) or (7) and, but for subsubparagraph 8A(1)(b)(i)(C), would also qualify under subsection 8A(1) for the payment--because the person carries on a small business and because the person is a farmer; and

                            (iv)  in any other case--because the person is a farmer; and

                     (b)  working out the value of those assets in accordance with Parts 3.12 and 3.18 of the Social Security Act 1991 .

             (4)  A person's assets value limit at a particular time for the purposes of this Act is equal to the amount that would be the person's assets value limit at that time for the purposes of Part 2.12 of the Social Security Act 1991 if at that time the person had made a claim for, or was in receipt of, newstart allowance under that Act (see subsection 611(2) and section 612 of the Social Security Act 1991 ).

             (5)  A favourable determination:

                     (a)  must specify the day ( operative day ) on which it takes effect; and

                     (b)  unless sooner revoked, continues to have effect:

                              (i)  if the next determination in respect of the person's assets takes effect less than 6 months after the operative day--until that determination takes effect; or

                             (ii)  if subparagraph (i) does not apply--at the end of 6 months from the operative day.