8BQualification for farm help income support

#### 8B Qualification for farm help income support (1) Subject to this Division, a person is qualified for farm help income support in respect of a period if: (a) the period begins on or after the farm help scheme payment commencement day; and (b) throughout the period, the person: (i) is a farmer; and (ii) is at least 18; and (iii) is an Australian resident; and (iv) is in Australia; and (c) for a continuous period (the qualifying period) of at least 2 years immediately before the period, the person: (i) has been a farmer; and (ii) has derived more than 50% of his or her gross income from the farm enterprise; and (iii) has contributed more than 50% of his or her capital to the farm enterprise; and (iv) has spent more than 50% of his or her working hours in work on the farm enterprise; and (d) the person has obtained either of the following: (i) advice from a prescribed adviser that there is no reasonable likelihood, immediately before the period begins, that the person would obtain a loan from a finance institution given the person’s financial situation; (ii) a certificate of inability to obtain finance that is in effect for the period; and (e) the person has obtained advice from a prescribed adviser on whether there is a reasonable likelihood of improving the financial performance of the farm enterprise; and (f) the person has developed a plan for the period directed towards assisting the person to do one or more of the following: (i) improve the financial performance of the farm enterprise; (ii) secure alternative sources of income; (iii) re‑establish himself or herself outside farming. (1A) A person is qualified for farm help income support even though the person does not satisfy subparagraph (1)(c)(ii), if the Secretary determines in writing that the person’s gross income from the farm enterprise during the qualifying period is significantly diminished because of: (a) drought, flood, bushfire or some other natural disaster; or (b) unforeseeable extreme variation in seasonal norms; or (c) market collapse; or (d) illness or disability. (2) Advice of the kind mentioned in subparagraph (1)(d)(i) and paragraph (1)(e) is advice on financial outlook. (3) A plan of the kind mentioned in paragraph (1)(f) is an activity plan.