The criteria for transfer of a farm [3] 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.
More ? [9]
Where an [glossary:eligible:] [glossary:widow or:] [glossary:former partner of a qualifying farmer:] [10] 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.
More ? [11]
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.
More ? [12]
Requirements that apply to a former partner
5.5.4/Requirements Applicable to Widow/Widower or Former Partner [25]
Requirements that apply to a widow(er)
5.5.4/Requirements Applicable to Widow/Widower or Former Partner [25]
According to subsection 5P(1) [28] of the VEA, a farm means any land that is used:
According to subsection 5P(1) [28] of the VEA, an eligible descendant in relation to a person means:
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 [28] for the full definition.
Retirement age for a person who is a war widow/widower means the pension age [3] 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 [28] for the full definition.
According to subsection 5P(1) of the VEA [28], 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) [28] of the VEA, a farm means any land that is used:
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16296%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/16296#tgt-cspol_part5_ftn122
[5] https://clik.dva.gov.au/book/export/html/16296#tgt-cspol_part5_ftn123
[6] https://clik.dva.gov.au/book/export/html/16296#tgt-cspol_part5_ftn124
[7] https://clik.dva.gov.au/book/export/html/16296#tgt-cspol_part5_ftn125
[8] https://clik.dva.gov.au/book/export/html/16296#tgt-cspol_part5_ftn126
[9] https://clik.dva.gov.au/book/export/html/16296#tgt-cspol_part5_ftn127
[10] clikpopup://DEF/Eligible widow or former partner of a qualifying farmer
[11] https://clik.dva.gov.au/book/export/html/16296#tgt-cspol_part5_ftn128
[12] https://clik.dva.gov.au/book/export/html/16296#tgt-cspol_part5_ftn129
[13] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/55-retirement-assistance-farmers-scheme-rafs/553-requirements-applicable-farm-transfer/requirement-transfer-eligible-descendant
[14] https://clik.dva.gov.au/book/export/html/16296#ref-cspol_part5_ftn122
[15] 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
[16] https://clik.dva.gov.au/book/export/html/16296#ref-cspol_part5_ftn123
[17] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/55-retirement-assistance-farmers-scheme-rafs/556-claims-participation-rafs/lodgement-rafs-claim
[18] https://clik.dva.gov.au/book/export/html/16296#ref-cspol_part5_ftn124
[19] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/55-retirement-assistance-farmers-scheme-rafs/557-valuation-farm-assets/application-assets-limit
[20] https://clik.dva.gov.au/book/export/html/16296#ref-cspol_part5_ftn125
[21] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/55-retirement-assistance-farmers-scheme-rafs/555-requirement-active-involvement-eligible-descendants/active-involvement
[22] https://clik.dva.gov.au/book/export/html/16296#ref-cspol_part5_ftn126
[23] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/55-retirement-assistance-farmers-scheme-rafs/558-farmers-income-test/application-farmers-income-test
[24] https://clik.dva.gov.au/book/export/html/16296#ref-cspol_part5_ftn127
[25] 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/requirements-applicable-widowwidower-or-former-partner
[26] https://clik.dva.gov.au/book/export/html/16296#ref-cspol_part5_ftn128
[27] https://clik.dva.gov.au/book/export/html/16296#ref-cspol_part5_ftn129
[28] http://clik.dva.gov.au/legislation-library