The widow/widower or former partner of an eligible farmer may have been eligible to participate in RAFS on the basis of his or her former relationship with the farmer. In the case of a separated partner this was despite the ending of the relationship.
For the widow or former partner of a farmer to be able to participate in RAFS, the farmer had to meet the definition of a qualifying farmer [3] on the day on which the relationship between the farmer and partner ended.
More ? [4]
For the widow or former partner of a farmer to be able to participate in RAFS, he or she must not have commenced a relationship with another person at any time since the relationship with the farmer ceased and prior to the determination under RAFS.
If the former partner enters into a new relationship following determination under RAFS, the deprivation provisions continue to be disregarded.
To participate in RAFS the widow/widower or former partner of a farmer must have had a qualifying interest [3] in the farm of the qualifying farmer.
More ? [5]
A woman had worked on her husband's farm since 1950. On his death in 1995, she became the owner of the property. Although she did not own the farm for more than 15 years, she was the legal owner as at 15 September 1997 and had worked on the property for more than 20 years. She therefore satisfied the definition of a qualifying farmer.
Qualifying interests
5.5.4/Requirement for Farmer to Hold Qualifying Interest [8]
A person is considered to be a qualifying farmer if they have:
During either period the person or their partner must have derived a significant part of their income [3] and contributed a significant part of their labour [3] to the development of a farm.
Refer to subsection 5P(3) and subsection 5P(4) of the VEA [10] for the full definition.
A farmer holds a qualifying interest in a farm [3] if they:
Refer to section 5P(5) of the VEA [10] for the full definition.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16196%23comment-form
[2] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/book/export/html/16196#tgt-cspol_part5_ftn142
[5] https://clik.dva.gov.au/book/export/html/16196#tgt-cspol_part5_ftn143
[6] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/55-retirement-assistance-farmers-scheme-rafs/554-requirements-applicable-farmer-or-former-partner/farmer-must-be-qualifying-farmer
[7] https://clik.dva.gov.au/book/export/html/16196#ref-cspol_part5_ftn142
[8] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/55-retirement-assistance-farmers-scheme-rafs/554-requirements-applicable-farmer-or-former-partner/requirement-farmer-hold-qualifying-interest
[9] https://clik.dva.gov.au/book/export/html/16196#ref-cspol_part5_ftn143
[10] http://clik.dva.gov.au/legislation-library