Last amended: 18 June 2010
VEA ? [2]
Maintenance income [3] is a payment received that provides for the support and maintenance of a person. Maintenance income may be paid to support a former partner, or a dependent child [3].
The amount of child maintenance or child support received by a pensioner does not affect the assessable value of the pensioner's ordinary income.
There is an important distinction between child support payments received and child support payments paid. Child support payments received by a person are not assessed under the ordinary income test that applies to service pensions. However, child support payments paid by a person are included within that person's assessable income.
More ? [4]
Spousal maintenance is money (or in kind payment) made to a former partner following a divorce or separation. It does not include payments for dependent children.
Spousal maintenance received by a person is not assessed as ordinary income under the income test for income support purposes.
Spousal maintenance income paid by a person may be disregarded from the payer's pension assessment if a delegate is reasonably satisfied that these amounts are no longer available for the payer's own use or benefit.
More ? [5]
Where a valid and binding spousal maintenance agreement exists, the amount paid should not be treated as income of the person paying the maintenance. In cases where the arrangement to pay spousal maintenance is not documented, or evidence of an agreement cannot be provided, the gross amount of income should be used in assessing the payer's rate of income support.
A delegate must be reasonably satisfied that a spousal maintenance agreement is fair and reasonable for the full amount of the maintenance payment to be exempt from the payer's assessment. In cases where payments are not fair and reasonable, the deprivation provisions [3] may be triggered.
More ? [6]
The current rate of maintenance income depends on the following:
Variation or cessation of maintenance is reviewable.
More ? [7]
Capitalised maintenance income is income provided by a:
Section 5H(1) [9] VEA – definition of ordinary income
Section 5K(1) [9] VEA – definition of maintenance income
According to subsection 5K(1) of the VEA [20], maintenance income in relation to a person, means:
but does not include disability expenses maintenance.
Section 5F(1) of the VEA defines dependent child as having the same meaning as in the Social Security Act 1991. For income support purposes, dependent child is defined as:
Child under 16 years
A child under 16 years cannot be considered a dependent child if:
Child 16 years or older
A young person who has turned 16 years but is under 22 years can still be a dependent child of the pensioner if:
A child over 16 years cannot be considered a dependent child if:
Income includes earning from casual, part-time or full-time earnings.
Note: the meaning of a dependent child for DVA income support pension purposes is not the same as the meaning for Family Tax Benefit purposes.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16528%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16528#tgt-cspol_part10_ftn693
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/book/export/html/16528#tgt-cspol_part10_ftn694
[5] https://clik.dva.gov.au/book/export/html/16528#tgt-cspol_part10_ftn695
[6] https://clik.dva.gov.au/book/export/html/16528#tgt-cspol_part10_ftn696
[7] https://clik.dva.gov.au/book/export/html/16528#tgt-cspol_part10_ftn697
[8] https://clik.dva.gov.au/book/export/html/16528#tgt-cspol_part10_ftn698
[9] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[10] https://clik.dva.gov.au/book/export/html/16528#ref-cspol_part10_ftn693
[11] https://clik.dva.gov.au/compensation-and-support-policy-library/part-10-types-income-and-assets/106-maintenance-income/1062-child-and-spousal-maintenance-income
[12] https://clik.dva.gov.au/book/export/html/16528#ref-cspol_part10_ftn694
[13] https://clik.dva.gov.au/compensation-and-support-policy-library/part-10-types-income-and-assets/106-maintenance-income/1063-documentary-requirements-spousal-maintenance-agreements
[14] https://clik.dva.gov.au/book/export/html/16528#ref-cspol_part10_ftn695
[15] https://clik.dva.gov.au/book/export/html/16528#ref-cspol_part10_ftn696
[16] https://clik.dva.gov.au/compensation-and-support-policy-library/part-10-types-income-and-assets/106-maintenance-income/1064-assessment-and-review-maintenance
[17] https://clik.dva.gov.au/book/export/html/16528#ref-cspol_part10_ftn697
[18] https://clik.dva.gov.au/compensation-and-support-policy-library/part-10-types-income-and-assets/106-maintenance-income/1065-capitalised-maintenance
[19] https://clik.dva.gov.au/book/export/html/16528#ref-cspol_part10_ftn698
[20] http://www.comlaw.gov.au/Series/C2004A03268
[21] https://clik.dva.gov.au/book/export/html/16528#tgt-SSA_ftn1
[22] http://www.comlaw.gov.au/Series/C2004A04121
[23] https://clik.dva.gov.au/book/export/html/16528#ref-SSA_ftn1
[24] http://clik.dva.gov.au/legislation-library