Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"capitalised maintenance income" , in relation to a person, means maintenance income of the person:
(a) that is neither a periodic amount nor a benefit provided on a periodic basis; and
(b) the amount or value of which exceeds $1,500.
Note 1: see also section 51 (apportionment of capitalised maintenance income).
Note 2: if maintenance income is caught by paragraphs (a) and (b) of the definition, the whole amount or value of the maintenance income is capitalised maintenance income, not just the part of the maintenance income that exceeds the $1,500 limit.
Note 3: For periodic amount see subsection (1A).
"cash maintenance" , in relation to a person, means maintenance income of the person that consists of the amount of a payment received by the person or by a dependent child of the person:
(a) that is a periodic amount; or
(b) that is an amount of $1,500 or less.
Note 1: a payment of an amount would have to be a payment of money or the equivalent of a payment of money (e.g. a cheque, money order or electronic funds transfer (EFT)).
Note 2: For periodic amount see subsection (1A).
"child support" means financial support under the Child Support (Assessment) Act 1989 and includes financial support:
(a) by way of lump sum payment; or
(b) by way of transfer or settlement of property.
"disability expenses maintenance " has the meaning given by subsection (5).
"in-kind housing maintenance" , in relation to a person, means maintenance income of the person that is not cash maintenance and is received in relation to the provision of a residence that is, or is to be, the person's principal home.
Note: see also subsections (3) and (4) and section 51A.
"maintained child , in relation to another person (in this definition called the adult" ), means a child who is:
(a) a dependant of the adult; and
(b) wholly or substantially dependent on the adult.
"maintenance" includes child support.
"maintenance agreement" means a written agreement (whether made within or outside Australia) that provides for the maintenance of a person (whether or not it also makes provision in relation to other matters), and includes such an agreement that varies an earlier maintenance agreement.
"maintenance income" , in relation to a person, means:
(a) child maintenance--that is, the amount of a payment or the value of a benefit that is received by the person for the maintenance of a maintained child of the person and is received from:
(ii) the partner or former partner of a parent of the child; or
(b) partner maintenance--that is, the amount of a payment or the value of a benefit that is received by the person for the person's own maintenance and is received from the person's partner or former partner; or
(c) direct child maintenance--that is, the amount of a payment or the value of a benefit that is received by a maintained child of the person for the child's own maintenance and is received from:
(ii) the partner or former partner of a parent of the child;
but does not include disability expenses maintenance.
Note: See also subsection (2) and section 51 (apportionment of capitalised maintenance income).
"special maintenance income" , in relation to a person, means:
(a) in‑kind housing maintenance of the person; or
(b) in‑kind maintenance of the person (other than in‑kind housing maintenance or capitalised maintenance income) received from the person's partner or former partner during the period of 6 months following the person's separation from the partner or former partner.
Note: see also subsection 51A(1) (in‑kind housing maintenance--value of substitute for former family home).
(1A) For the purposes of subsection (1), an amount is a periodic amount if it is:
(a) the amount of one payment in a series of related payments, even if the payments are irregular in time and amount; or
(b) the amount of a payment making up for arrears in such a series.
(2) For the purposes of the definition of maintenance income in subsection (1):
(a) a payment received under subsection 76(1) of the Child Support (Registration and Collection) Act 1988 in relation to a registered maintenance liability (within the meaning of that Act) is taken to be received from the person who is the payer (within the meaning of that Act) in relation to the liability; and
(b) a reference to a benefit received by a person includes a reference to a benefit received by the person because of a payment made to, or a benefit conferred on, another person (including a payment made or benefit conferred under a liability owed to the other person); and
(c) a reference to a payment or benefit received from a person includes a reference to a payment or benefit received:
(i) directly or indirectly from the person; and
(ii) out of any assets of, under the control of, or held for the benefit of, the person; and
(iii) from the person under or as a result of a court order, a court registered or approved maintenance agreement or otherwise.
(3) For the purposes of the definition of in‑kind housing maintenance in subsection (1), maintenance received in relation to the provision of a residence includes maintenance consisting of:
(a) a benefit received because of the transfer or settlement of a right or interest in relation to the residence; and
(b) where there is a secured housing loan on the residence--a benefit received because of:
(i) the payment of interest, charges or other amounts under the loan; or
(ii) the repayment of amounts borrowed under the loan; and
(c) a benefit received because of the payment of rent (including Government rent), or a like payment, in relation to the residence.
(4) For the purposes of paragraph (3)(b), there is a secured housing loan on a residence if:
(a) there is a loan that is secured by a mortgage or other interest in relation to the residence; and
(b) the sole or principal purpose of the loan is to enable the residence, or a right or interest in relation to the residence, to be acquired.
(5) A payment or benefit is disability expenses maintenance of a person if:
(a) the payment or benefit is provided for expenses arising directly from:
(i) a physical, intellectual or psychiatric disability; or
(ii) a learning difficulty;
of a dependent child of the person; and
(b) the disability or difficulty is likely to be permanent or to last for an extended period; and
(c) the payment or benefit is received:
(i) by the person for the maintenance of the dependent child; or
(ii) by the dependent child for the child's own maintenance; and
(d) the payment or benefit is received from:
(ii) the partner or former partner of a parent of the child.
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