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Granny Flats Features,
Rights and Interests



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

Granny Flats – features, rights and interests
Granny flat interests
How we assess your granny flat interest
The Reasonableness Test
Leaving the home in which you have a granny
flat interest.
Granny Flats Features, Rights and Interests







A granny flat right or interest is created when you pay for a
life interest or right to accommodation for life in a private
residence that is to be your principal home. Whether you
live alone, with the owner or in a separate self-contained
dwelling on someone else’s property, your home will meet
the granny flat requirements and can be assessed under
special rules if:
It is all or part of a private residence
It is not owned by you, your partner, or an entity (trust or
company) that you control, and
You have established a granny flat interest
Granny flat interests







You establish a granny flat interest when you exchange
assets or money for a right to reside in someone else’s
property for as long as you live. For example:
You transfer ownership of your home but retain a right
to live there (or in another private property) for the rest
of your life, or
You transfer assets, including money, for a right to live in
a private property for the rest of your life
There are two ways to have a lifetime right to live in a
property that you do not own. A life tenancy just gives
you the right to live in a property. A life interest gives you
the right to use and benefit from the property as you
wish. Both methods meet the requirement of a granny
flat provided you are living there.







Your life tenancy or interest cannot be revoked because the
owner wishes to sell the property. They may :
Sell the property with your life tenancy or interest as a
condition of sale,
Transfer your life tenancy or interest to another property,
or
Compensate you financially for losing your granny flat
interest
Your right only exists during your lifetime and is not part of
your estate.




We recommend you have a legal document drawn up by a
solicitor as evidence of a life tenancy or interest. This
should help to prevent problems in the future if your
personal circumstances change. The document should
confirm you have security of tenure and state whether you
are liable for any upkeep of the property or payment of
rent.
You should contact us to see if any of these actions would
affect your payments.
How we assess your granny flat interest






We need to know what you transferred to the property
owner in exchange for a granny flat right to see if you paid
too much (that is, whether you have deprived yourself of
assets) and assess whether you are a homeowner or a nonhomeowner.
Because granny flats and granny flat interests are not
usually sold, we do not use a market value to assess their
worth. Instead your granny flat is said to be worth the
value of the assets you transferred or paid if :
You transfer the title of the home you live in to someone
else and keep a lifetime right to live in that home or in
another home (provided your home was or would have
been totally exempt from the asset test)






You pay what it costs to build a granny flat on someone
else’s property, or convert someone else’s property to suit
your needs and establish a lifetime right to reside there, or
You buy a property in someone else’s name and establish a
lifetime right to reside there
If you transfer assets in addition to the above (including a
home property, part of which would have been assessable)
we apply a test of reasonableness.
The Reasonableness Test




The reasonableness test is the amount of the combined
partnered rate of annual pension (regardless of whether
you are single or partnered) multiplied by the age related
factor. If you are partnered, the age of the younger partner
is used.
If the amount of money or value of your property
exchanged is more than the value of the granny flat
interest, the excess is considered to be a ‘deprived asset’.
This could affect the amount of pension you are paid.






For Example: Malcolm (who turns 84 next birthday) and
Irene (who turns 77 next birthday) purchase a granny flat
right by transferring their $340,000 home plus $50,000 cash.
The value of the granny flat interest under the reasonable test
is $363,470.53 (being $31,688.80 x 11.47 age related factor).
As their granny flat purchase is greater than the value of the
granny flat interest under the reasonableness test, Malcolm
and Irene have deprived themselves of $26,529 – that is
$390,000 less $363,461(rounded).
Even though you don’t own the property in which you have a
granny flat right, we may still assess you as a homeowner.
Your homeowner status determines:
 If the amount you paid is considered an asset
 Which asset test threshold is applied to your assets before
they affect your rate of payment, and
 Whether you may be entitled to Rent Assistance
A non-homeowner has a higher asset test threshold than a
homeowner. The difference between the thresholds is
called the ‘extra allowable amount’.




This amount is compared to your entry contribution. If you
were not assessed under the reasonableness test, your entry
contribution is the amount you actually paid. If you were
assessed under the reasonableness test, your entry
contribution is the value of the granny flat interest.
This table shows how your entry contribution affects your
entitlement:
Leaving the home in which you have a granny
flat interest.






If you stop living in the home within five years, we will review
the granny flat interest. If the reason for leaving could have
been anticipated at the time the interest was created, then
deprivation rules will apply.
The deprivation rules apply for the time you permanently vacate
the home until the end of the five year period from the creation
of the interest. The deprivation rules do not apply if you are
temporarily absent from your home for up to 12 months. If your
absence is due to loss or damage to your home, this period may
be extended for up to two years.
If you move to another residence after five years, please ensure
you update your address details within 14 days of your changed
circumstance.
THANK YOU
To Know more
Visit

Ipswichgrannyflats

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Know about granny flat features ,rights and interest at ipswich granny flats

  • 2.      Granny Flats – features, rights and interests Granny flat interests How we assess your granny flat interest The Reasonableness Test Leaving the home in which you have a granny flat interest.
  • 3. Granny Flats Features, Rights and Interests
  • 4.     A granny flat right or interest is created when you pay for a life interest or right to accommodation for life in a private residence that is to be your principal home. Whether you live alone, with the owner or in a separate self-contained dwelling on someone else’s property, your home will meet the granny flat requirements and can be assessed under special rules if: It is all or part of a private residence It is not owned by you, your partner, or an entity (trust or company) that you control, and You have established a granny flat interest
  • 5. Granny flat interests     You establish a granny flat interest when you exchange assets or money for a right to reside in someone else’s property for as long as you live. For example: You transfer ownership of your home but retain a right to live there (or in another private property) for the rest of your life, or You transfer assets, including money, for a right to live in a private property for the rest of your life There are two ways to have a lifetime right to live in a property that you do not own. A life tenancy just gives you the right to live in a property. A life interest gives you the right to use and benefit from the property as you wish. Both methods meet the requirement of a granny flat provided you are living there.
  • 6.      Your life tenancy or interest cannot be revoked because the owner wishes to sell the property. They may : Sell the property with your life tenancy or interest as a condition of sale, Transfer your life tenancy or interest to another property, or Compensate you financially for losing your granny flat interest Your right only exists during your lifetime and is not part of your estate.
  • 7.   We recommend you have a legal document drawn up by a solicitor as evidence of a life tenancy or interest. This should help to prevent problems in the future if your personal circumstances change. The document should confirm you have security of tenure and state whether you are liable for any upkeep of the property or payment of rent. You should contact us to see if any of these actions would affect your payments.
  • 8. How we assess your granny flat interest    We need to know what you transferred to the property owner in exchange for a granny flat right to see if you paid too much (that is, whether you have deprived yourself of assets) and assess whether you are a homeowner or a nonhomeowner. Because granny flats and granny flat interests are not usually sold, we do not use a market value to assess their worth. Instead your granny flat is said to be worth the value of the assets you transferred or paid if : You transfer the title of the home you live in to someone else and keep a lifetime right to live in that home or in another home (provided your home was or would have been totally exempt from the asset test)
  • 9.    You pay what it costs to build a granny flat on someone else’s property, or convert someone else’s property to suit your needs and establish a lifetime right to reside there, or You buy a property in someone else’s name and establish a lifetime right to reside there If you transfer assets in addition to the above (including a home property, part of which would have been assessable) we apply a test of reasonableness.
  • 10. The Reasonableness Test   The reasonableness test is the amount of the combined partnered rate of annual pension (regardless of whether you are single or partnered) multiplied by the age related factor. If you are partnered, the age of the younger partner is used. If the amount of money or value of your property exchanged is more than the value of the granny flat interest, the excess is considered to be a ‘deprived asset’. This could affect the amount of pension you are paid.
  • 11.    For Example: Malcolm (who turns 84 next birthday) and Irene (who turns 77 next birthday) purchase a granny flat right by transferring their $340,000 home plus $50,000 cash. The value of the granny flat interest under the reasonable test is $363,470.53 (being $31,688.80 x 11.47 age related factor). As their granny flat purchase is greater than the value of the granny flat interest under the reasonableness test, Malcolm and Irene have deprived themselves of $26,529 – that is $390,000 less $363,461(rounded).
  • 12. Even though you don’t own the property in which you have a granny flat right, we may still assess you as a homeowner. Your homeowner status determines:  If the amount you paid is considered an asset  Which asset test threshold is applied to your assets before they affect your rate of payment, and  Whether you may be entitled to Rent Assistance A non-homeowner has a higher asset test threshold than a homeowner. The difference between the thresholds is called the ‘extra allowable amount’.
  • 13.   This amount is compared to your entry contribution. If you were not assessed under the reasonableness test, your entry contribution is the amount you actually paid. If you were assessed under the reasonableness test, your entry contribution is the value of the granny flat interest. This table shows how your entry contribution affects your entitlement:
  • 14. Leaving the home in which you have a granny flat interest.    If you stop living in the home within five years, we will review the granny flat interest. If the reason for leaving could have been anticipated at the time the interest was created, then deprivation rules will apply. The deprivation rules apply for the time you permanently vacate the home until the end of the five year period from the creation of the interest. The deprivation rules do not apply if you are temporarily absent from your home for up to 12 months. If your absence is due to loss or damage to your home, this period may be extended for up to two years. If you move to another residence after five years, please ensure you update your address details within 14 days of your changed circumstance.
  • 15. THANK YOU To Know more Visit Ipswichgrannyflats