Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1109

1109. (1) Subject to subsections (2), (3) and (4), if a person who is a
member of a couple has, on or after 1 June 1984, disposed of ordinary income
of the person:

   (a)  50% of the amount of the disposition is to be included in the person's
        ordinary income; and

   (b)  50% of the amount of the disposition is to be included in the person's
        partner's ordinary income.
Note 1: for "disposes of income" see section 1106.
Note 2: for "amount of disposition" see section 1107. Note 3: for transactions
that constitute both a disposal of ordinary income and a disposal of an asset
see section 1110.

(2) If:

   (a)  amounts are included under subsection (1) in the ordinary income of a
        person who is a member of a couple and in the person's partner's
        ordinary income because the person has disposed of ordinary income;
        and

   (b)  the person and the person's partner cease to be members of the same
        couple; any amount that was included in the ordinary income of the
        person's former partner because of the disposition is to be included
        in the person's ordinary income.

(3) If:

   (a)  amounts are included under subsection (1) in the ordinary income of a
        person who is a member of a couple and in the person's partner's
        ordinary income because the person has disposed of ordinary income;
        and

   (b)  the person dies; no amount is to be included in the ordinary income of
        the person's partner because of the disposition.

(4) If:

   (a)  an amount is included under subsection (1) in the ordinary income of a
        person who is a member of a couple and in the person's partner's
        ordinary income because the person has disposed of ordinary income;
        and

   (b)  the person's partner dies; any amount that would, if the person's
        partner had not died, be included in the ordinary income of the
        person's partner because of the disposition is to be included in the
        person's ordinary income.
Note: for "ordinary income" see subsection 8 (1): "ordinary income" includes
investment income but does not include maintenance income.