Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 3) 1991 No. 175, 1991 - SECT 19

19. Section 1130 of the Principal Act is amended:

   (a)  by inserting after subsection (6) the following subsection:
 "(6A)   If:


   (a)  section 1129 applies to a person; and

   (b)  the person, or the person's partner, owns residential premises; and

   (c)  the premises are an unrealisable asset; and

   (d)  a family member of the person, or of the partner, lives at the
        premises; and

   (e)  one of the following conditions is satisfied:

   (i)  the family member previously provided substantial care for the person
        or the partner at the premises at a time when the premises were the
        principal home of the person or the partner;

   (ii) the family member has resided at the premises for a period of, or
        periods that add up to, 10 years or more;

   (iii) the family member is:

                (A)  a child of the person or the partner; and

                (B)  disabled; and the person or the partner is promoting the
                     independent living of the family member; and

   (f)  it is not reasonable to expect the premises to be sold or otherwise
        used to provide income support for the person; the Secretary, in
        working out the amount per year that could reasonably be expected to
        be obtained from a purely commercial application of the premises, is
        to have regard to whether the family member is financially capable of
        obtaining suitable alternative accommodation. Note: for `family
        member' see subsection 23(1).";

   (b)  by omitting from subsection (7) "Subsection (6) does" and substituting
        "Subsections (6) and (6A) do".