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Unrealisable assets under the Assets Test hardship provisions 108-04120050



Before inviting a claim under assets hardship provisions, the case should be discussed with a Complex Assessment Officer (CAO).

Near relative lives in the home for the last 10 years (temporary absences)

In determining whether the home has been the principal home of a near relative for the previous 10 years, it is reasonable to apply the temporary absence rules, that is, the home has been the near relative’s principal home for the 10-year period, from which they have only been temporarily absent.

Example: The near relative lived with the pensioner for 10 years before moving interstate for 18 months for work. They then move back to live with the pensioner before the hardship application is lodged. The period of 18 months is outside the 12 months temporary absence period, so the near relative cannot be considered to have lived in the house for the last 10 years for purposes of the ‘unreasonable to sell or borrow’ test.

Example: A near relative lived with the pensioner for 12 years before loss or damage to the principal home caused them to temporarily leave the home. Where the delegate determines that this absence continues to meet the criteria for temporary absence (that is, for up to 24 months in the case of loss or damage), these periods can contribute to the 10-year period.

Forms

Claim for consideration under hardship form (SA233)

Office Locator

Office Locator

  • In Office Locator Office/Town field enter: CAO then Select ‘Search Office / Town
  • From the Office Results List select: CAO National Virtual Queue
  • Within the Office information Main Details & Teams select: Assets Hardship Team
  • Use the Contacts list and search for the CAO in Microsoft Teams, to check for their availability
  • If a CAO is available, contact to discuss the customer's circumstances