Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 12

12. (1) In this Act:

"actual value" has the meaning given by subsection (5);

"retirement village" has the meaning given by subsections (3) and (4).

(2) A person is a member of an ordinary couple with different principal homes
if:

   (a)  the person is a member of a couple; and

   (b)  the person does not share the person's principal home with the
        person's partner; and

   (c)  the person is not a member of an illness separated couple.

(3) Premises constitute a retirement village for the purposes of this Act if:

   (a)  the premises are residential premises; and

   (b)  accommodation in the premises is primarily intended for persons who
        are at least 55 years old; and

   (c)  the premises consist of:

        (i)    one or more of the following kinds of accommodation:

                (A)  self-care units;

                (B)  serviced units;

                (C)  hostel units; and

        (ii)   communal facilities for use by occupants of the units referred
               to in subparagraph (i).

(4) Residential premises are also to be taken to constitute a retirement
village for the purposes of this Act if the Secretary is satisfied that the
residential premises have similar functions to those referred to in subsection
(3).

(5) In Division 5 of Part 3.12 (sections 1145 to 1157), a reference to the
actual value of the assets of a member of a couple is a reference to the value
of the assets that are actually assets of the person rather than the person's
partner, that is, the value that would be the value of the person's assets
apart from the couple's assets deeming provisions.

(6) In subsection (5):

"couple's assets deeming provisions" means:

   (a)  Pension Rate Calculator A (point 1064-G2); and

   (b)  Pension Rate Calculator C (point 1066-G2); and

   (c)  section 531; and

   (d)  section 602; and

   (e)  section 672; and

   (f)  subsection 895 (2); and

   (g)  section 734; and

   (h)  Fringe Benefits Assets Test Calculator (point 1072-3).