Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 10

10. (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 1116 (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.

"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;
    Note: 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)).

"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;

"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
        dependent child of the person and is received from:

        (i)    a parent of the child; or

        (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 dependent child of the person
        for the child's own maintenance and is received from:

        (i)    a parent of the child; or

        (ii)   the partner or former partner of a parent of the child;
Note: see also subsection (3) and section 1116 (capitalised maintenance
income).

"non-cash 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 (4) and (5) and section 1117.

"special maintenance income", in relation to a person, means:

   (a)  non-cash housing maintenance of the person; or

   (b)  non-cash maintenance of the person (other than non-cash 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;
        or

   (c)  maintenance income of the person provided in relation to expenses
        arising directly from a physical, intellectual or psychiatric
        disability, or a learning difficulty, of a dependent child of the
        person where the disability or difficulty is likely to be permanent or
        to last for an extended period.
Note: see also subsection 1117 (1) (non-cash housing maintenance - value of
substitute for former family home).

(2) In working out whether a young person is a dependent child for the
purposes of subsection (1), disregard subsection 5 (3).
(3) 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.
(4) For the purposes of the definition of "non-cash 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.

(5) For the purposes of paragraph (4) (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.