9Qualification of farmers’ partners for farm household allowance

9 Qualification of farmers’ partners for farm household allowance

A person is qualified for farm household allowance for a period if throughout the period: (a) the person is not qualified for farm household allowance under section 8; and (b) the person is a member of a couple; and (c) the person’s partner is a farmer; and (d) the farmer contributes a significant part of his or her labour and capital to a farm enterprise; and (e) the farm enterprise has a significant commercial purpose or character; and (f) the land that is used for the purposes of the farm enterprise is in Australia; and (g) the farmer resides in Australia; and (h) the person is an Australian resident, and is in Australia; and (i) 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 (j) the person meets the 4 years or less requirement.

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

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

Note 3: This section is subject to sections 10 (grace period for farmers’ partners) and 12 (no effective control of farm enterprises).