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.

4.6.8.60 Long term (20-year) continuous attachment to land

Summary

This section contains information on:

  • what constitutes a long term (20-year) continuous attachment to land for the purposes of the extended land use test
  • absences from the principal home, and
  • documentary evidence required.

What constitutes a long term (20-year) attachment

The income support recipient must have a long term (20-year) continuous attachment to their principal home (and adjacent land) for the extended land use test to apply.

The long term (20-year) continuous attachment applies to income support recipients who currently own their principal home and have either:

  • lived in that principal home continuously for a period of 20 years immediately prior to the date of assessment, OR
  • lived on the one property (including those held on multiple adjoining titles) continuously for a period of 20 years immediately prior to the date of assessment.

Explanation: An income support recipient may satisfy the long term (20-year) continuous attachment in any of the following situations:

  • Having owned and lived in their principal home on one title for 20 continuous years immediately prior to the date of assessment.
  • Having lived in their principal home on one title for 20 continuous years immediately prior to the date of assessment, but have owned the property for less than 20 years.
    • Example: A pensioner has lived in the farm home for more than 20 years. The transfer of control of the farm, including the home, to the farmer occurred 13 years ago. Given the farmer has owned the home for 13 years but has lived in the home for more than 20 years, the long-term continuous attachment to land has been met.
  • Having owned the property on one title for 20 years immediately prior to the date of assessment, and having continuously lived on that property in more than one dwelling-house, for the last 20 years.
    • Example: A pensioner has owned his farm on one title for more than 20 years. The farmer lived in an old farmhouse for 50 years. The farmer built a new house on the farm 15 years ago. In this case the long-term continuous attachment has been met.
  • Having owned a property on multiple adjoining titles for 20 years immediately prior to the date of assessment, and having continuously lived on that property in more than one dwelling-house, for the last 20 years.
    • Example: A pensioner has owned a farm on 3 adjoining titles (Blocks A, B and C) for more than 20 years. The farmer lived on Block A (100 hectares) for 10 years and built a new house on Block C (150 hectares), which he has now lived in for 10 years. In this case, the long-term continuous attachment to land has been met.

Note: For couples, either the qualifying income support recipient or their partner may own the principal home. However the qualifying income support recipient must have lived in the home for 20 continuous years immediately prior to the date of assessment.

Act reference: SSAct section 11A(1) Principal home, section 11A(4)(c) the dwelling-house has been the person's principal home for 20 years or more continuously, section 11A(5) Where a person …, section 11A(6) and (7) Extended land use test

Policy reference: SS Guide 4.6.8.50 General Provisions for the Extended Land Use Test

Absences from the principal home

A continuous attachment is not broken by temporary absences that are permitted under the SSAct. However, other types of absences will break the continuous attachment.

Example: A pensioner has owned a rural residential block for 20 years but lived in the city (where he rented) for 12 years during that period. The pensioner lived in the dwelling-house on the rural residential block for 8 years. The pensioner only has an 8-year continuous attachment to the principal home immediately prior to the date of assessment so does NOT meet the long-term continuous attachment.

Act reference: SSAct section 11A(4) and (5) To whom does the extended land use test apply?, section 11A(8) to (9B) Effect of absences from principal home

Temporary vacation of principal home (not a care situation)

If an income support recipient temporarily vacates their principal home and is not for a care situation, the home continues to be the principal home and the recipient continues to be defined as a homeowner for up to 12 months.

Explanation: If an income support recipient temporarily vacates their principal home for a period of up to 12 months, this absence would NOT stop them from qualifying for the long-term continuous attachment under the extended land use test.

Example: A pensioner has owned the principal home for 20 years. During that time, the person left the home to undertake seasonal work, for no longer than 12 months at a time, for a number of years. Given the pensioner was not vacant from their principal home for more than 12 months continuously, the 20-year continuous attachment is satisfied.

If the income support recipient is absent from the principal home for any period that is longer than 12 months, they will NOT meet the long-term continuous attachment.

Example: A pensioner has owned their principal home for 20 years, but has spent the last 3 years living in a house with a family member closer to town facilities. In this circumstance, the 3-year absence from the property means that the person does NOT have a 20-year continuous attachment to the property.

Act reference: SSAct section 11A(8) Effect of absences from principal home, section 11A(9) A residence of a person is to be taken to continue to be the person's principal home during …

Policy reference: SS Guide 4.6.3.60 Exempting the principal home - temporary vacation of property, 4.6.8.30 Grandfathering provisions for more than one title

Temporary vacation of principal home (care situation)

If an income support recipient vacates their principal home to enter into a care situation, the home continues to be their principal home and is exempt under the assets test for a period of up to 2 years.

Explanation: If a person leaves their principal home to go into a care situation for a period of up to 2 years, then this would NOT stop them from qualifying from the long-term attachment under the extended land use test.

Example: A pensioner has owned their principal home for 20 years. At one point during that period, the person left the home to go into a care situation for 18 months, but returned to the home to live. In this circumstance, the 20-year continuous attachment is satisfied.

Act reference: SSAct section 11A(9)(f) A residence of a person …

Policy reference: SS Guide 4.6.3.70 Exempting the principal home - care situations

Documentary evidence required

The income support recipient will be required to provide documentary evidence that they currently own the property. A copy of the title deed is required, as the title deed will show when the property was last transferred and the name of the current land title owner/s.

If the title deed does not include the address details of the property, a copy of a rates notice will be required to confirm the property address. This is because the deposit plan number that is on the title deed will appear on the rates notice.

The income support recipient will be required to provide supporting evidence that they have lived on the property for 20 continuous years. Past address details recorded by Services Australia (Centrelink) may indicate the person has lived on the property for 20 continuous years. If such information is not available, a declaration from the income support recipient identifying that the property has been the person's principal home for a 20-year continuous period immediately prior to the date of assessment will be required.

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