The eligible descendant [2] that the sugarcane farm [2] was transferred to must have been actively involved with a sugarcane farm [2] that is transferred, over the last three years.
More ? [3]
Once the active involvement is established, it is necessary to satisfy other RASF eligibility criteria included in the table below.
If the sugarcane farmer transfers the sugarcane farm as a gift to... |
Then the sugarcane farmer... |
an eligible descendant VEA ? [4] |
meets the first criterion that allows them to participate in RASF More ? [5] |
multiple eligible descendants VEA ? [6] |
meets the first criterion that allows them to participate in RASF More ? [7] |
multiple descendants – some eligible, some ineligible |
is not eligible to participate in RASF |
a trust, where the trustee [2] is an eligible descendant, or an eligible descendant and their partner |
meets the first criterion that allows them to participate in RASF More ? [8] |
a trust where the trustee is not an eligible descendant |
is not eligible to participate in RASF |
a company VEA ? [9] |
is not eligible to participate in RASF. |
Requirement for qualifying sugarcane farmer
Section 49Q(1) [12] VEA
Requirement for former partner
Section 49Q(2) [12] VEA
Requirement for qualifying sugarcane farmer
Section 49Q(1) [12] VEA
Requirement for former partner
Section 49Q(2) [12] VEA
According to subsection 5P(1) [20] of the VEA, an eligible descendant in relation to a person means:
According to subsection 5PAA(1) of the VEA [20], a sugarcane farm is a farm that is used predominantly for the purposes of a sugarcane farm enterprise [2].
According to subsection 49Q(5) [21] of the VEA, a person is deemed to have been actively involved with a sugarcane farm [2] during a particular period if during that period the person:
Trustee has two meanings depending on the context, (i) and (ii).
(i) a person who looks after someone else's affairs
According to section 202 of the VEA [20], a trustee is a person appointed by the Commission to administer the financial affairs of a pensioner who may be incapable of managing their own affairs for reasons such as:
These criteria include circumstances where a pensioner has a psychiatric disorder or a mental illness as a result of alcohol or drug addiction.
A trustee can be appointed, with or without the consent of the pensioner and once appointed, a trustee has full control of the pension payment.
(ii) a person responsible for administration of a trust
According to section 52ZO of the VEA [20], trustee has the same meaning as in the Income Tax Assessment Act 1997 [22].
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16276%23comment-form
[2] https://clik.dva.gov.au/%23
[3] https://clik.dva.gov.au/book/export/html/16276#tgt-cspol_part5_ftn435
[4] https://clik.dva.gov.au/book/export/html/16276#tgt-cspol_part5_ftn436
[5] https://clik.dva.gov.au/book/export/html/16276#tgt-cspol_part5_ftn437
[6] https://clik.dva.gov.au/book/export/html/16276#tgt-cspol_part5_ftn438
[7] https://clik.dva.gov.au/book/export/html/16276#tgt-cspol_part5_ftn439
[8] https://clik.dva.gov.au/book/export/html/16276#tgt-cspol_part5_ftn440
[9] https://clik.dva.gov.au/book/export/html/16276#tgt-cspol_part5_ftn441
[10] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/510-retirement-assistance-sugarcane-farmers-scheme-rasf/5105-requirement-active-involvement-eligible-descendants/active-involvement
[11] https://clik.dva.gov.au/book/export/html/16276#ref-cspol_part5_ftn435
[12] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[13] https://clik.dva.gov.au/book/export/html/16276#ref-cspol_part5_ftn436
[14] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/510-retirement-assistance-sugarcane-farmers-scheme-rasf/5102-eligibility-criteria-participation-rasf
[15] https://clik.dva.gov.au/book/export/html/16276#ref-cspol_part5_ftn437
[16] https://clik.dva.gov.au/book/export/html/16276#ref-cspol_part5_ftn438
[17] https://clik.dva.gov.au/book/export/html/16276#ref-cspol_part5_ftn439
[18] https://clik.dva.gov.au/book/export/html/16276#ref-cspol_part5_ftn440
[19] https://clik.dva.gov.au/book/export/html/16276#ref-cspol_part5_ftn441
[20] http://clik.dva.gov.au/legislation-library
[21] http://clik.dva.gov.au/node/32981
[22] http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401745?OpenDocument