Last amended: 13 May 2008
Regardless of whether an income stream is a 100% asset test exempt income stream [2] or a defined benefit income stream [2], no asset value is held in the assessment.
For asset tested income streams, the asset value assessed is the asset value of the income stream. If the income stream is a 50% asset test exempt income stream, only 50% of the asset value is assessed. The asset value is determined either once per year or twice per year as described in the following table.
If an income stream pays a pensioner... |
Then the asset value is determined... |
Once per year |
Once a year at the start of the year |
More than once per year |
Twice a year at the start of each six month period. |
If the income stream [2] has no account balance, the asset value is determined using the following formula:
Asset value = purchase price [2] - [(purchase price - residual capital value [2]) ? relevant number [2]] x term elapsed.
If the income stream has an account balance, the asset value is the current account balance.
Note – the purchase price should be adjusted to take account of any commutation [2] — s made from the income stream since commencement.
The term elapsed is the number of years that have elapsed since the income stream's commencement day [2]. The number of years is rounded down to the nearest:
Sally is sixty five years old and single. She purchases a ten year annuity for $150,000 with a residual capital value of $20,000. She receives a total payment of $18,337 per year. Monthly payments commence on 1 January. Her assessable asset from 1 January for the first six months will be:
$150,000 - [($150,000 - $20,000) ? 10 years] x 0 years = $150,000.
Her assessable asset from 30 June in that year will be:
$150,000 - [($150,000 - $20,000) ? 10 years] x 0.5 years = $143,500.
John purchases a five year term annuity for $50,000 with no residual capital value. At the end of two years, the assessable asset value is: $50,000 - [($50,000-$0) ? 5] x 2 = $30,000.
He commutes $6,000 at this point. The new assessable asset value after commutation is:
($50,000 - $6,000) - [( $50,000 - $6,000 - $0) ? 5] x 2 = $44,000 - $17,600 =$26,400.
VEA ? [3]
Under Commission determinations 1998/11, 1998/12 and 1999/6, defined benefit income streams are determined to be 100% asset test exempt.
An income stream is an asset-test exempt income stream if it is purchased before 20 September 2007 and must be:
and:
Legislative reference:
Veterans' Entitlements Act 1986:
A defined benefit income stream is an income stream [2] where the payments are not fully determined by a purchase price [2]. Instead, payments are made with reference to a set formula based on:
According to subsection 5J(1) of the VEA [7], an income stream includes:
but does not include any of the following:
The purchase price of an income stream is the nominal sum of the paymetns made to purchase the income stream (including amounts paid by way of employer and employee contributions) less any commuted amounts.
Note: In determining the means test assessment of asset-tested income streams (lifetime), the purchase price is not used. Rather, the grossed up purchase amount.
Legislation: Section 5J(1) [7]of the VEA [7]
The residual capital value is the amount (if any) remaining at the end of an income stream's term, consisting of a portion of the initial capital invested in the income stream [2].
An income stream's relevant number is the length of time an income stream is paid for. It can be a fixed term or the life expectancy factor of the payee or reversionary beneficiary.
A commutation, in relation to an income stream [2], is the conversion of part or all of the future income stream payments into a lump sum. A commutation is similar to a withdrawal.
The commencement day in relation to an income stream [2] is the first day of the period to which the first income stream payment relates. This is usually one instalment period before the date of the first income payment.
The commencement day cannot occur prior to:
Legislative reference: subsection 5J(1) of the Veterans' Entitlements Act 1986.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16348%23comment-form
[2] https://clik.dva.gov.au/%23
[3] https://clik.dva.gov.au/book/export/html/16348#tgt-cspol_part10_ftn664
[4] https://clik.dva.gov.au/legislation-library
[5] https://clik.dva.gov.au/book/export/html/16348#ref-cspol_part10_ftn664
[6] http://www.comlaw.gov.au/Series/C2004A03268
[7] http://clik.dva.gov.au/legislation-library