Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' ENTITLEMENTS (MAINTENANCE INCOME TEST) AMENDMENT ACT 1988 No. 13, 1988 - SECT 15

15. Section 35 of the Principal Act is amended:
(a) by omitting "or" from paragraph (v) of the definition of "income" in
subsection (1);
(b) by adding at the end of the definition of "income" in subsection (1) the
following word and paragraph:

"; or (x) maintenance income;";

   (c)  by inserting in subsection (1) the following definitions:

" 'annual maintenance free area' means:

   (a)  in relation to an unmarried person or a married person whose spouse is
        not in receipt of a relevant pension-an amount equal to the aggregate
        of:

        (i)    $780; and

        (ii)   $260 for each child (other than the first) who is a dependant
               of the person and is wholly or substantially dependent on the
               person;

   (b)  in relation to a married person whose spouse is in receipt of a
        relevant pension but does not (apart from subsection (12A)) have
        maintenance income-an amount equal to the aggregate of:

        (i)    $390; and

        (ii)   $130 for each child (other than the first) who is a dependant
               of the person, the person's spouse or both and is wholly or
               substantially dependent on the person, the person's spouse or
               both;

   (c)  in relation to a married person whose spouse is in receipt of a
        relevant pension and does (apart from subsection (12A)) have
        maintenance income-an amount equal to the aggregate of:

        (i)    $780; and

        (ii)   $130 for each child (other than the first) who is a dependant
               of the person, the person's spouse or both and is wholly or
               substantially dependent on the person, the person's spouse or
               both;
'capitalised maintenance income', in relation to a person, means maintenance
income of the person:

   (a)  that is not a periodic amount or a benefit provided on a periodic
        basis; and

   (b)  the amount or value of which exceeds $1,500;
'in-kind housing maintenance income', in relation to a person, means:

   (a)  in-kind maintenance income of the person in relation to the provision
        of a residence that:

        (i)    is the principal home of the person; and

        (ii)   is the residence (in paragraphs (b) and (c) called the 'family
               home') that was the principal home, or last principal home, of
               both the person and the person's spouse, former spouse or last
               former spouse, as the case requires, immediately before their
               separation;

   (b)  in-kind maintenance income of the person in relation to the provision
        of a residence that:

        (i)    is, or is to be, the principal home of the person;

        (ii)   was not the family home; and

        (iii)  has a value exceeding the value of the family home at the time
               the in-kind maintenance income is received or, if the
               Commission considers that some other time would be more
               appropriate, that time;
less such part (if any) of that in-kind maintenance income as the Commission
considers appropriate having regard to the amount of that excess and the
circumstances of the case; or

   (c)  in-kind maintenance income of the person in relation to the provision
        of a residence:

        (i)    that is, or is to be, the principal home of the person; and

        (ii)   to which paragraphs (a) and (b) do not apply (whether because
               there was no family home or otherwise);
and, for the purposes of this definition, in-kind maintenance income in
relation to the provision of a residence includes in-kind maintenance income
consisting of:

   (d)  a benefit received because of the transfer or settlement of a right or
        interest in relation to the residence;

   (e)  a benefit received because of the payment of interest, charges or
        other amounts, or the repayment of amounts borrowed, under a loan
        secured by a mortgage or other interest in relation to the residence
        where the sole or principal purpose of the loan was to enable the
        residence, or a right or interest in relation to the residence, to be
        acquired; and

   (f)  a benefit received because of the payment of rent (including
        Government rent), or a like payment, in relation to the residence;
'in-kind maintenance income', in relation to a person, means maintenance
income of the person other than the amount of a payment received by the person
or by a child who is a dependant of the person and is wholly or substantially
dependent on the person;
'maintenance agreement' means an agreement in writing (whether made within or
outside Australia) that makes provision in relation to 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)  the amount of a payment, or the value of a benefit, received by the
        person:

        (i)    from a parent of a child who is a dependant of the person and
               is wholly or substantially dependent on the person, or from the
               spouse or former spouse of such a parent, for the maintenance
               of the child; or

        (ii)   from the person's spouse or former spouse for the maintenance
               of the person; or

   (b)  the amount of a payment, or the value of a benefit, received by a
        child who is a dependant of the person and is wholly or substantially
        dependent on the person from a parent of the child, or from the spouse
        or former spouse of a parent of the child, for the maintenance of the
        child;
and, for the purposes of this definition:

   (c)  a payment received under subsection 76 (1) of the Child Support
        Act 1988 in relation to a registered maintenance liability (within the
        meaning of that Act) shall be taken to be received from the person who
        is the payer (within the meaning of that Act) in relation to the
        liability;

   (d)  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

   (e)  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;

        (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;
'parent', in relation to a child who has been adopted, means an adoptive
parent of the child;
'relevant pension' means:

   (a)  a pension under this Part; or

   (b)  a pension under Part IV, a benefit under Part XIII, an allowance under
        Part XIV, or a rehabilitation allowance under Part XVI, of the Social
        Security Act 1947;
'special maintenance income', in relation to a person, means:

   (a)  in-kind housing maintenance income of the person;

   (b)  in-kind maintenance income of the person (other than in-kind housing
        maintenance income or capitalised maintenance income) received from
        the person's spouse or former spouse during the period of 6 months
        following the person's separation from the spouse or former spouse; 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 child who is a dependant of
        the person and is wholly or substantially dependent on the person
        where the disability or difficulty is likely to be permanent or to
        last for an extended period;";

   (d)  by inserting after subsection (12) the following subsection:

"(12A) For the purposes of this Part, unless the contrary intention appears,
the annual rate of the maintenance income of a married person (other than a
person whose spouse is not in receipt of a relevant pension and does not have
maintenance income) shall be taken to be one-half of the sum of the annual
rates of the maintenance income of the person and the person's spouse.".