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Assessing deprivation/gifting 108-06010010



Policy

Social Security Guide, 1.1.A.55, Adequate financial consideration (deprivation)

Social Security Guide, 4.1, Deprivation of Income & Assets

Social Security Guide, 4.1.2, Deprivation of Assets Before a Claim & Significant Dates

Social Security Guide, 4.1.5, Deprivation Related to Deceased Estates & Separation

Social Security Guide, 3.9.1.70, Low Income HCC - Assessment of Income

Legislation

Links to the Federal Register of Legislation site go to a 'Series' page. Select the 'Latest' version.

Definitions

Social Security Act 1991

  • section 8, Income test definitions
  • section 11, Assets test definitions

Disposal of income and assets

Social Security Act 1991

  • section 1106, Disposal of ordinary income
  • section 1107, Amount of disposition
  • section 1108, Disposal of ordinary income-individuals
  • section 1109, Disposal of ordinary income-members of couples
  • section 1123, Disposal of assets
  • section 1124, Amount of disposal or disposition
  • section 1125, Disposal of assets in pension years-individuals
  • section 1126, Disposal of assets in pension years-members of couples
  • section 1126A, Disposal of assets in pre-pension year-family members
  • section 1126B, Disposal of assets in pension year-family members

Deprivation before a claim and significant dates

Social Security Act 1991

  • section 1124A(1), Disposal of assets in pre-pension years-individuals
  • section 1125A(1), Disposal of assets in pre-pension years-members of couples
  • section 1126A, Disposal of assets in pre-pension year-family members

Income dispositions that are disregarded

Social Security Act 1991, section 1111, Dispositions more than 5 years old to be disregarded

Asset dispositions that are disregarded

Social Security Act 1991, section 1127, Disposition more than 5 years old to be disregarded

Comparable Foreign Payment (CFP)

Social Security (Administration) Act 1999, section 66, Notice to obtain foreign payment