Ensuring publicly available material on family arrangements expressly, explicitly and clearly invites older adults to seek independent legal advice before entering into family contracts; 6.106 Social security law requires that the grandmother`s interest in flat interest be maintained for at least five years. If the assets of the care agreement were to be expected to be maintained five years ago on the date of the agreement, the funds used to determine the abandoned grandmother`s low interest rates are considered retroactively to be an asset that impairs the senior`s eligibility for the old age pension.  The ALRC assumes that, in the event of elder abuse after the start of an agreement on grandmother`s housing, Centrelink will likely regard this as an “unforeseen circumstance” so that the pension would not be affected.  However, the Caxton Legal Centre indicated that the five-year requirement could still be to inadvertently force victims of elder abuse to endure an “unbearable family dynamic.”  A case study by the Older Persons Advocacy Network is very clear: in the documentation of a Grand-Mère-Flat agreement, it is recommended that independent legal and financial advice be obtained. The grandmother-flat`s interests are usually private family arrangements, and they have no market value. The value of Grandma`s low-priced interest rates is the same as that paid for the interest of life and there is no withdrawal of assets relating to a person`s pension. A grandmother`s apartment is usually a separate unit in another house (or attached to another house), often with the intention that the older occupant can be close to the family and help if necessary. Ideally, there should be a transfer of assets to the owner of the property in exchange for a lifetime rent or interest in the property. Some agreements on Grandma`s flat markets may result in a capital gains tax (CGT), as indicated in a 2006/14 judgment of the Australian Tax Office. This applies in particular to agreements where a parent pays a certain amount of money to a son or daughter, for example. B in exchange for the right to reside in his home or to build a separate apartment for grandmother. 6.83 Recommendation 6-2 is intended to support the previous recommendation 6-1 by increasing the likelihood that there will be written proof of the assets of the care agreement if a dispute is brought before a court such as the Administrative Appeals Tribunal (AAT) or the proposed state and territorial courts. This would reduce some of the complexity and evidente issues that must be dealt with by an older person who is applying to court.
6.93 At this time, there is no need for the “flat grandmother`s interest” to be written. However, Centrelink recommends that a legal document be drawn up by a lawyer and that the document be drafted, so it is recommended that all parties involved confirm in writing the grandmother`s home, paying particular attention to possible scenarios, such as. B: Social Security Act 1991 (Cth) ss 1118 (1)). (c)) (i) (iii).