220.127.116.11 Saved Cases - PLS before 10 July 1996
People who qualified under the original 1985 PLS are NOT subject to the provisions of the new scheme, although they do have the choice of transferring to the new scheme. If a person chooses to remain in the old scheme, or does not qualify under the new scheme, they are protected by the savings provision included in the new PLS legislation.
This topic explains the provisions of the old scheme that are DIFFERENT from those of the new scheme.
Act reference: SSAct Schedule 1A clause 86 Transitional and saving provisions applicable to the amendments relating to the pension loans scheme
Qualification (1.1.Q.10) criteria - 1985 scheme
To qualify under the 1985 PLS scheme, a person had to be assessed under the assets test, AND meet the following criteria:
- be of age pension age or the partner of someone who is, AND
- be in receipt of, or qualified for a pension.
The person's assets had to:
- comprise at least 70% of total assets in non-liquid form, and
- provide adequate security for the loan.
Act reference: SSAct section 23(5A) to (5D) Pension age
A person under the 1985 PLS is generally required to cease involvement in the scheme if the value of their assets falls below $100,000. To avoid being excluded from the scheme if this happens, the person may sign a waiver that the $100,000 residual rule should not apply to them.
Explanation: The 1985 scheme specified that a minimum of $100,000 must be left in the person's estate after the debt is repaid.
The implications of this provision should have been fully explained to the person at initial interview, and should be explained again in the event that the provisions may actually apply to the person. The person should be advised to consider the effect that signing the waiver will have on their estate, and any possible detriment to their heirs. It would be prudent to also suggest to the person that they take the waiver away and discuss it, if necessary, with any concerned relatives.
Simple interest is charged on the amounts owing under the 1985 PLS. The current interest rate is 7%.
It is applied each payment delivery day, to the outstanding loan principal minus any repayments made by the recipient. The interest does not accrue on previously accrued interest.
Explanation: The interest rate is set by the Minister for DSS, and published in the Australian Government Gazette.
|Date of effect||Interest rate|
|25 December 1997 to present||7%|
|1985 to 24 December 1997||10%|
Fringe benefits (1.1.F.190)
All 1985 PLS recipients are entitled to full fringe benefits, regardless of whether they are a part pensioner or full loan recipient.