8Qualification of farmers for farm household allowance

8 Qualification of farmers for farm household allowance

A person is qualified for farm household allowance for a period if throughout the period: (a) the person is a farmer; and (b) the person contributes a significant part of his or her labour and capital to a farm enterprise; and (c) the farm enterprise has a significant commercial purpose or character; and (d) the land that is used for the purposes of the farm enterprise is in Australia; and (e) the person has turned 16; and (f) the person is an Australian resident, and is in Australia; and (g) either: (i) the person has indicated, in writing, that the person is willing to enter into, and comply with, a financial improvement agreement; or (ii) a financial improvement agreement is in force in relation to the person; and (h) the person meets the 4 years or less requirement.

Note 1: For paragraph (b), see section 11 if a person is exempt from the activity test under section 31 (temporary incapacity).

Note 2: Paragraph (f) is subject to Division 7 (overseas portability).

Note 3: This section is subject to section 12 (no effective control of farm enterprises).