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StatuteVeterans' Entitlements Act 1986

Section 52X — Veterans' Entitlements Act 1986: Members of ordinary couple with different principal homes (partner not in special residence and partner not property owner)

Text of the provision Official document

(1) This section applies to a special resident if: (a) the resident is a member of an ordinary couple with different principal homes; and (b) the principal home of the resident’s partner is not a special residence; and (c) the partner does not have a right or interest in the partner’s principal home that is to be disregarded because of paragraph 52(1)(b). Entry contribution above extra allowable amount (2) If: (a) this section applies to a special resident; and (b) the resident’s entry contribution was more than the amount that would be the extra allowable amount if the resident were not a member of a couple; then, for the purposes of this Act, the resident and the partner are each to be taken to have a right or interest in a principal home to which paragraph 52(1)(b) applies. Entry contribution equal to or below extra allowable amount (3) If: (a) this section applies to a special resident; and (b) the resident’s entry contribution was equal to or less than the amount that would be the extra allowable amount if the resident were not a member of a couple; then, the following provisions apply for the purposes of the application of this Act to the resident and to the resident’s partner: (c) both the resident, and the partner, are to be taken not to have a right or interest in relation to the resident’s principal home; and (d) the resident’s assets are to be taken to include an asset whose value is equal to the amount of the resident’s entry contribution. (4) Subsection (3) applies: (a) whether or not the resident actually has any right or interest in the resident’s principal home; and (b) whatever the value of any right or interest that the resident does have in the resident’s principal home; and (c) whether or not the partner actually has any right or interest in the resident’s principal home; and (d) whatever the value of any right or interest that the partner does have in the resident’s principal home.

Official source: Federal Register of Legislation

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