Landmark Decision for Drought Affected Farmers

Contact: Bill Thompson
Commins Hendriks Solicitors
Ph: 6927 3106
Mob: 0427 273 106

LANDMARK DECISION FOR DROUGHT AFFECTED FARMERS

LOCAL FARMER WINS SSAT TEST CASE APPEAL

Decision dated 4th June 2007.

Bill Thompson states:

"THE DECISION CONFIRMS THAT FARMERS WHO HAVE GIFTED FARMLANDS TO THE YOUNGER GENERATION as a part of a succession plan can qualify for income support and not have the gift counted as an asset for 5 years after the date of the gift.

The decision OVER RULES the Department of Agriculture, Fisheries & Forestries and Centrelink guidelines. As a result the value of the gifted farmlands made within 5 years of the Application for Income Support are not to be automatically included as a non farm asset. Centrelink had 28 days to appeal the decision and this time has expired.

Any farmer who has been REFUSED INCOME SUPPORT due to a gift of farmlands to the younger generation should consider appealing the decision (if the application was rejected within the last 3 months) or lodge a fresh application for income support."