Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 51A

             (1)  If:

                     (a)  a person is not a member of a couple; and

                     (b)  a person has separated from the person's partner or former partner; and

                     (c)  immediately before the separation a residence (in this section called the former family home ) was the principal home of both the person and the person's partner or former partner; and

                     (d)  the person is receiving in-kind housing maintenance in relation to the provision of a residence other than the former family home; and

                     (e)  the value of the other residence exceeds the value, at the time the maintenance is received, of the former family home;

only so much of the maintenance as does not exceed the maintenance that would be assessed if it were based on the value of the former family home is to be treated as special maintenance income for the purposes of this Act.

             (2)  For the purposes of subsection (1), the Commission may:

                     (a)  determine that a time specified in the determination is to be substituted for the time at which the in-kind housing maintenance is received; or

                     (b)  determine that a specified part of in-kind housing maintenance is to be deducted from the amount that would otherwise be the amount of that maintenance.

Note:          paragraph (a) is intended to cover situations where, for instance, there is not enough information about the current market rate of the former family home or where market values are fluctuating dramatically.

             (3)  If a person has more than one former partner, a reference in subsection (1) to the person's former partner is a reference to the person's last former partner.