12Persons not qualified if Secretary determines that they do not effectively control farm enterprises

12 Persons not qualified if Secretary determines that they do not effectively control farm enterprises

(1) A person is not qualified, or ceases to be qualified, for farm household allowance for a period if the Secretary determines that: (a) during the period: (i) for a person who qualifies under section 8 as a farmer—the person is not effectively in control of the farm or farm enterprise in relation to which the person claims the allowance; or (ii) for a person who qualifies under section 9 as a partner of a farmer—the farmer is not effectively in control of the farm or farm enterprise in relation to which the person claims the allowance; and (b) farm household allowance should not be payable to the person for the period.

Note Some examples of cases in which the Secretary may consider that a person is not effectively in control of a farm or farm enterprise are when a mortgagee has taken possession of a farm, when a person is a bankrupt or when an eviction notice has been served on a person in respect of a farm.

(2) A person may effectively be in control of a farm enterprise that is a designated private trust even if the person does not pass the control test in relation to the farm enterprise under section 1207V of the Social Security Act.