Section 48 — Veterans' Entitlements Act 1986: Disposal of ordinary income

(1) For the purposes of this Act, a person disposes of ordinary income of the person if the person engages in a course of conduct that diminishes, directly or indirectly, the rate of the person’s ordinary income and either: (a) the person receives no consideration in money or money’s worth for the diminution; or (b) the person receives inadequate consideration in money or money’s worth for the diminution; or (c) the Commission is satisfied that the purpose, or the dominant purpose, of the person in engaging in that course of conduct was: (i) to obtain or enable the person’s partner to obtain a service pension, income support supplement, a veteran payment or a social security pension or benefit; or (ii) to obtain or enable the person’s partner to obtain a service pension, income support supplement, a veteran payment or a social security pension or benefit at a higher rate than that which would otherwise have been payable; or (iii) to ensure that the person or the person’s partner would be eligible for benefits under Division 12 of this Part or fringe benefits under the Social Security Act. Note: For amount of disposition see section 48A. (2) Subsection (1) does not apply to a course of conduct consisting of the provision of short-term or long-term residential accommodation to a family member of the person for no payment or payment less than the market value of the provision of the accommodation. Note: For family member see subsection 5L(1).