Social Security (Long-term Residential Care) Regulations 2005

9E Value of land if capital value unavailable or contested

• (1) For the purpose of a means assessment as to assets or a review of a means assessment as to assets, the chief executive may consider any evidence of the value of a person's land other than a capital value if—

  • (a) a capital value required for determining the value of the land under regulation 9D does not appear on the district valuation roll; or

  • (b) either the chief executive or the person being means assessed considers that the value of the land determined under regulation 9D is not the true value of the land.

  (2) If the chief executive receives evidence under subclause (1), the value of a person's land is—

  • (a) the value according to evidence that the chief executive considers to be the best evidence of the value of the land on the date of the means assessment; or

  • (b) if the person's land is in the form of an estate or interest in other land, the value that is the same proportion of the value of the other land as the proportion that fairly represents the nature and extent of the person's estate or interest in the other land, with—

    • (i) the value of the other land being determined according to paragraph (a); and

    • (ii) the proportion being determined by the chief executive.

  (3) When determining the proportion for the purposes of subclause (2)(b)(ii), the chief executive must have regard to the matters specified in regulation 9D(2).

  (4) For the purposes of this regulation, evidence, in relation to the value of land, includes evidence in any of the following forms:

  • (a) a valuation report that is prepared and signed by a registered valuer:

  • (b) a decision of a court or tribunal:

  • (c) the district valuation roll.

  Regulation 9E: inserted, on 1 April 2010, by regulation 5 of the Social Security (Long-term Residential Care—Value of Land) Amendment Regulations 2010 (SR 2010/23).