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5.5.2 Eligibility Criteria for Participation in RAFS

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Eligibility for Qualifying Farmers

VEA?

The criteria for transfer of a farm or farms under the scheme that allowed the farm property to be disregarded under the deprivation of assets rules were as follows:

NB If the farm transfer was after 30 June 2001 the income test years applicable were1997-1998, 1998-1999 and 1999-2000. Those given additional time to finalise the transfer after 30 June 2001, had to satisfy this pre-1 July 2001 criterion. The maximum rate of pension as at 30 June 2001 was also applicable to this group for the purposes of the farmers' income test.    

Eligibility for Former Partner of a Qualifying Farmer

VEA?

Where an [glossary:eligible:] [glossary:widow or:] [glossary:former partner of a qualifying farmer:] had an interest in the farm, that person may have also benefited from RAFS, even though they themselves may not have met the definition of a qualifying farmer. Such a person was still required to meet further eligibility requirements for RAFS.    

Eligibility of Widow/Widower

VEA?

In most cases, a widow or widower would have met the definition of a qualifying farmer because ownership of the farm was transferred to that person upon the death of his or her partner.    


According to subsection 5P(1) of the VEA, a farm means any land that is used:

  • For the purposes of a farm enterprise; or
  • In connection with a farm enterprise.

 

 

According to subsection 5P(1) of the VEA, an eligible descendant in relation to a person means:

  • a child, step child or adopted child of the person or of a partner of the person, or
  • a descendant in direct line of a child described above, or
  • any other person who, in the opinion of the [glossary:Commission:DEF/Commission/Repatriation Commission], should be treated for the purposes of this definition as a person described in the above paragraph.

 

 

A person is considered to be a qualifying farmer if they have:

  • held a qualifying interest in the farm for a continuous period of 15 years; or
  • acquired a qualifying interest in the farm before 15 September 1997 and been actively involved in farming in Australia for any period of 20 years.

During either period the person or their partner must have derived a significant part of their income and contributed a significant part of their labour to the development of a farm.

Refer to subsection 5P(3) and subsection 5P(4) of the VEA for the full definition.

 

 

Retirement age for a person who is a war widow/widower means the pension age that would apply to that person if he or she was a veteran.

For any other person, retirement age is the pension age for that person.

Refer to subsection 5Q(1) of the VEA for the full definition.

 

 

According to subsection 5P(1) of the VEA, a relevant farm asset in relation to a farm, means any livestock, crop, plant or equipment that is a produce of, or is used for the purposes of, the farm enterprise.

 

 

According to subsection 5P(1) of the VEA, a farm means any land that is used:

  • For the purposes of a farm enterprise; or
  • In connection with a farm enterprise.