VEA ? [2]
This section outlines policy concerning application of the sugarcane farmers' income test to determine whether a sugarcane farmer's income in the last three financial years before transfer of a property is less than the rate of age service pension [3] applicable to that sugarcane farmer.
A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.
VEA ? [7]
For participation in RASF to be allowed, the sugarcane farmer's (and their partner's) income [3] for the three years preceding the date of legal transfer of the property must be less than the [glossary:maximum:] [glossary:basic:] [glossary:rate:] [8] of age service pension [3], excluding pension supplement [3]. The income amount used for the sugarcane farmers' income test equals the total of the last three years non-sugarcane farm income plus the total of the last three years sugarcane farm income. Negative total sugarcane farm income can be offset against positive income from other sources.
The table below shows an example of a sugarcane farmer's income for the three years preceding transfer.
Income |
Year 1 |
Year 2 |
Year 3 |
Total |
Farm |
20000 |
-40000 |
10000 |
-10000 |
Wages |
15000 |
15000 |
20000 |
50000 |
Rent |
-10000 |
-5000 |
5000 |
5000 |
The loss on rental properties in years 1 and 2 cannot be offset against any other source, so the three-year total rent income is $5000. The loss on farming income can be offset against the other positive income. Thus, the assessable income for the sugarcane farmers' income test would be $55,000 minus $10,000 = $45,000.
The income details for the three years prior to the date of farm transfer are required to determine whether the person satisfies the sugarcane farmers' income test. The date of claim is not relevant for the sugarcane farmers' income test.
The sugarcane farmers' income test has no impact on the rate of pension payable. This test is used solely for RASF eligibility purposes. Normal income and assets tests rules continue to apply to determine the rate of pension payable.
The table below shows how to determine which maximum basic entitlement [3] to apply depending on the farmer's personal circumstances at the time of transfer.
If a qualifying farmer was... |
Then the income of... |
partnered at the time of transfer and is still partnered |
both is compared to the partnered maximum basic entitlement |
partnered at any time during the three years prior to transfer but is now single |
the client only is compared to the partnered maximum basic entitlement |
single at the time of the transfer |
the client only is compared to the single maximum basic entitlement |
illness separated at the time of the transfer |
both is compared to twice the single maximum basic entitlement. |
How to work out whether the sugarcane farmers' income test is satisfied
Section 49Y(1) [4] VEA
Person's maximum basic rate for age service pension
Section 49Y(4) [4] VEA
According to section 5H of the VEA [10] income is:
A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.
The pension supplement is added to a person's maximum basic rate [3]. The pension supplement is calculated as a 'combined couple' rate. The 'not a member of a couple' rate is 66.33% of the 'combined couple' rate. The member of a couple rate is 50% of the combined couple rate. From 1 July 2010, the minimum pension supplement amount [3] will be able to be claimed on a quarterly basis rather than on a fortnightly basis.
VEA [11]
How to work out whether the farmers' income test is satisfied
Subsection 49J(1) [12] VEA
How to work out whether the sugarcane farmers' income test is satisfied
Subsection 49Y(1) [12] VEA
VEA (go back) [13]
For the purpose of the farmers' and sugarcane farmers' income test, the maximum basic rate of age service pension [3] as worked out under subsections 49J(4) and 49Y(4) respectively, multiplied by 3 is considered to be the person's maximum basic entitlement.
If the person's total income for the three income test years is less than the person's maximum basic entitlement, the person satisfies the farmer's/sugarcane farmers' income test.
Last amended: 18 August 2014
VEA ? [15]
In the assessment of non-sugarcane farm income for the sugarcane farmers' income test, deemed income is not calculated on financial assets [3]. Income from financial assets is assessed using the actual income amount received, as disclosed on the income tax return.
The table below sets out the income that should be assessed for various forms of financial assets.
Financial asset |
Income to be assessed |
Bank accounts, cash deposits, debentures, loans etc. |
Interest paid |
Shares and managed investments |
Dividends or distributions paid plus capital gains |
Imputation credits and foreign tax credits |
Nil |
Annuities and other income streams |
Net taxable income as shown on tax return |
If the sugarcane farmer or their partner has disposed of any assets during the three years prior to divestment, no income is assessed under the sugarcane farmers' income test, as no actual return would be received. As with other financial assets, deeming provisions [3] do not apply to gifted assets. If the person qualifies for a pension or allowance under RASF, assessment of gifts under the deprivation provisions will apply in determining the rate of pension payable. Disposal of income is included in the sugarcane farmers' income test.
VEA ? [16]
The following payments will not be assessed as income [3]:
All other non-sugarcane farm income normally assessable under the income test will be taken into account under the sugarcane farmers' income test. Under the test, non-farm profits cannot be offset by non-farm losses.
More ? [17]
Person's ordinary income from all sources other than farming
Section 49Y(2) [4] VEA
According to section 5J(1) [22] of the VEA a financial asset means;
In 1990 the government introduced legislative changes called “deeming” to simplify the assessment of cash deposits and income from certain investments. These changes were made:
Deemed income is the minimum rate that the government expects income support pensioners to earn from investments.
Banks created “pensioner accounts” which paid interest at the deeming rate set by the government.
On 1 July 1996 further changes meant the deeming rate was applied to all financial assets as defined in section 5J(1) of the VEA [22].
According to section 5H of the VEA [10] income is:
Veterans' Entitlements Act 1986.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16172%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16172#tgt-cspol_part5_ftn471
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[5] https://clik.dva.gov.au/book/export/html/16172#ref-cspol_part5_ftn471
[6] https://clik.dva.gov.au/user/login?destination=node/16256%23comment-form
[7] https://clik.dva.gov.au/book/export/html/16172#tgt-cspol_part5_ftn472
[8] clikpopup://DEF/Maximum basic rate (MBR)
[9] https://clik.dva.gov.au/book/export/html/16172#ref-cspol_part5_ftn472
[10] http://clik/health-procedure-library/health-information-and-management-notes-himn/vhc/072014-vhc-veterans-home-care
[11] https://clik.dva.gov.au/book/export/html/16172#tgt-glossary_glossary_ftn4
[12] http://clik.dva.gov.au/node/32981
[13] https://clik.dva.gov.au/book/export/html/16172#ref-glossary_glossary_ftn4
[14] https://clik.dva.gov.au/user/login?destination=node/16259%23comment-form
[15] https://clik.dva.gov.au/book/export/html/16172#tgt-cspol_part5_ftn473
[16] https://clik.dva.gov.au/book/export/html/16172#tgt-cspol_part5_ftn474
[17] https://clik.dva.gov.au/book/export/html/16172#tgt-cspol_part5_ftn475
[18] https://clik.dva.gov.au/book/export/html/16172#ref-cspol_part5_ftn473
[19] https://clik.dva.gov.au/book/export/html/16172#ref-cspol_part5_ftn474
[20] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/510-retirement-assistance-sugarcane-farmers-scheme-rasf/5108-sugarcane-farmers-income-test/application-sugarcane-farmers-income-test
[21] https://clik.dva.gov.au/book/export/html/16172#ref-cspol_part5_ftn475
[22] http://clik.dva.gov.au/legislation-library
[23] https://clik.dva.gov.au/user/login?destination=node/16202%23comment-form
[24] https://clik.dva.gov.au/book/export/html/16172#tgt-cspol_part5_ftn476