4.6.8.40 Private Land Use Test

Summary

This topic discusses:

  • what is the private land use test,
  • whom the private land use test applies to,
  • land used for private or domestic purposes,
  • land used primarily for commercial purposes,
  • land not used primarily for commercial purposes, and
  • operating a business from the principal home.

Policy reference: SS Guide 4.6.3.30 Defining the Principal Home, 4.6.8.10 Defining Land Adjacent to the Principal Home

What is the private land use test

The private land use test relates to the area of land adjacent to the principal home of not more than 2 hectares.

To meet the private land use test the area of land must be used PRIMARILY for private and domestic purposes in association with the dwelling-house.

Act reference: SSAct section 11A(1) Principal home, section 11A(3)(a) the area of the land, together with the area of…, section 11A(3)(b) the land is used primarily for private or…

Whom the private land use test applies to

The private land use test applies to all social security income support recipients.

Land used for private or domestic purposes

Land is considered to be used for private or domestic purposes if the land:

  • is not PRIMARILY used for commercial purposes, OR
  • is land that is vacant, overgrown, or unused.

Land that is occasionally used for community purposes, even if a token payment is received, can be considered to be used for private or domestic purposes.

If the land is used for private and domestic purposes the private land use test will be satisfied, and the relevant area of land of up to 2 hectares will be exempt from the assets test.

Land used primarily for commercial purposes

If the land is used PRIMARILY for commercial purposes, then the private land use test is NOT satisfied, and the land is an assessable asset.

Land NOT used primarily for commercial purposes

If the land is NOT used PRIMARILY for commercial purposes, then the private land use test will be satisfied. The relevant part of the land used for private and domestic purposes will be exempt from the assets test. The relevant part of the land that is used for commercial purposes will be an assessable asset.

A professionally qualified valuer appointed by Centrelink will value the part of the land used for commercial purposes and its value will be included in the person's assessable assets.

Example: An income support recipient on a rural residential block of 2 hectares operates a boarding kennel for dogs on ½ hectare of the land adjacent to the dwelling-house. A professionally qualified valuer will value the ½ hectare and its value will be included in the person's assets. The portion of the land used primarily for private and domestic purposes (1½ hectares) will be excluded from the assets test.

Policy reference: SS Guide 4.6.6.10 General Provisions for Valuation of Assets

Operating a business from the principal home

SS Guide 4.6.3.10 outlines the affect of a person operating a business from home where the property is used partly for business purposes.

Act reference: SSAct section 11A(3) Private land use test

Last reviewed: 11 August 2014