11Guidelines for asset‑test exempt income stream resulting from payment split

11 Guidelines for asset‑test exempt income stream resulting from payment split

The Commission may determine that an income stream is an asset‑test exempt income stream for the purposes of the Act if: (a) it would have been covered by section 5JA(1) or 5JB(1) of the Act, if: (i) paragraph 5JA(1)(aa); or (ii) subparagraph 5JB(1)(a)(i); of the Act did not apply; and (b) it is purchased or acquired by the primary beneficiary or the primary beneficiary’s partner or former partner on or after 20 September 2007; and (c) it results from another asset‑test exempt income stream (the original income stream) being commuted to give effect to an entitlement of the partner or former partner of the primary beneficiary in respect of the original income stream under a payment split under Part VIIIB or Part VIIIC of the Family Law Act 1975; and (d) the original income stream was covered by section 5JA or 5JB of the Act or would have been covered by those sections, if: (i) paragraph 5JA(1)(aa); or (ii) subparagraph 5JB(1)(a)(i); of the Act did not apply; and (e) the original income stream: (i) was purchased before 20 September 2004; or (ii) was covered by the 2005 Principles during the period starting on 20 September 2004 and ending at the end of 19 September 2007; or (iii) was covered by the 2007 Determination during the period starting on 20 September 2007 and ending at the end of 24 November 2011; or (iv) was covered by the 2011 Determination during the period starting on 25 November 2011 and ending at the end of the day immediately prior to the commencement of this Determination; or (v) is covered by this Determination.

Note: Example

Note: On 1 March 2002, P, who was partnered to J at that date, purchased an income stream (the original income stream) covered by section 5JA of the Act. On 1 February 2023, P and J separate. P’s original income stream is commuted to give effect to an entitlement of J in respect of the original income stream under a payment split under Part VIIIB of the Family Law Act 1975. On 15 February 2023, J uses the entitlement resulting from the payment split to purchase an income stream (the new income stream) covered by section 5JA of the Act. The new income stream is covered by this Determination and retains the 100% exemption from the assets test under the Act.