The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

4.1.6 Deprivation related to home & accommodation transfers

Summary

Deprivation IS assessed if a person does NOT receive adequate financial consideration AND:

  • transfers the legal title of their principal home to another person, OR
  • buys a new principal home in another person's name.

Exception: Granny flat provisions apply IF the person retains the right to occupancy in the home for life OR acquires a life interest (1.1.I.185) in the home. Establishing a granny flat right or interest is discussed in 4.6.4.50.

Deprivation provisions MAY apply IF a person transfers property to a relative in exchange for a certain amount per annum for life in the form of an annuity. The value of the annuity is treated as consideration. An AGA valuation is required for annuities. If the value of the annuity is below the value of the property, deprivation of assets (1.1.D.110) may have occurred.

Information on how to calculate the TOTAL deprivation amount for a person is provided in the referenced topic.

Act reference: SSAct section 11A(1) Principal home, section 12A(2) A person has a granny flat interest …, section 1119 Value of asset-tested income streams that are not defined benefit income streams …

Policy reference: SS Guide 4.1.1 General provisions of deprivation, 4.6.4.50 Granny flats - features, rights & interests, 4.6.5.100 Assessing Private Annuities & Overseas Income Products, 4.1.8 Deprivation related to annuities

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