19Income stream that is defined benefit income stream

19 Income stream that is defined benefit income stream

The Secretary may determine that an income stream is an asset-test exempt income stream for the purposes of the Act if the Secretary is satisfied that: (a) it is a defined benefit income stream, and has been so from the day the income stream began being paid; and (b) if the income stream is also an original family law affected income stream — any amount of the income stream that is rolled over, transferred, commuted or paid as a lump sum is not more than the amount required to satisfy the non-member partner’s entitlement under a payment split under Part VIIIB or Part VIIIC of the Family Law Act 1975 relating to the original family law affected income stream.