Eligible pensioners are entitled to an exemption or concession from duty when they purchase a property in certain circumstances. Holders of certain approved concession cards are eligible pensioners for this purpose.
In most circumstances, the holder of the concession card is the primary card holder. This is because it is the primary card holder who satisfies the definition of an “eligible beneficiary” under the State Concessions Act 2004.
A person listed as a dependent or partner on another person’s concession card is not considered the holder of a card for the purposes of the duty exemption or concession, unless that person holds his or her own concession card. If they do hold a card in their own right, they may be able to benefit from the duty exemption or concession on a future transaction.
The primary card holder (and not a listed partner/dependant) will be considered the eligible pensioner for concession cards such as the pensioner concession card, the Gold Card and most health care cards.
A person with a New Starter card issued by the Department of Human Services may be able to benefit from the exemption or concession, providing the card is valid as at the date of transfer (the settlement date).
Department of Human Services (DHS) Health Care Card
Centrelink Health Care Card (pre-September 2012)
Department of Veterans’ Affairs (DVA) Repatriation Health Card
Pensioner Concession Card (DHS or DVA)
Centrelink Pensioner Concession Card (pre-August 2012)
Commonwealth Seniors Health Card (DHS or DVA)
Please note, the Commonwealth Seniors Health Card (DHS or DVA) will only be accepted for contracts of sale entered into on or after 1 July 2011.
Family assistance and parenting payment partnered
In limited circumstances, both the primary cardholder and his or her partner are both considered holders of the card for the purposes of the duty exemption or concession and both are eligible pensioners for the purpose of the duty exemption or concession.
This will be the case where two people qualify for the concession card but only one card is issued, for example, the Family Assistance (FA) or the Parenting Payment Partnered (PP) health care cards.
Family Assistance (FA)
Parenting Payment Partnered (PP)
Please note that in these circumstances, the primary cardholder is required to complete parts 1 and 9 of the relevant application form, regardless of who the property is being transferred to, for concession verification purposes.
- Dependant not eligible for concession
John holds a pensioner concession card and meets the other criteria for the pensioner exemption or concession from duty. Judy is named as John's partner on his pensioner concession card. She does not hold a concession card herself.
If John and Judy buy a home together and are both registered on title, John will be eligible for the pensioner concession or exemption on his share of the purchase price, subject to him satisfying the relevant eligibility criteria. Judy will not be entitled to the exemption or concession or on her share. The exemption or concession will be apportioned accordingly.
If Judy obtains her own relevant concession card in the future, she may be eligible for the exemption or concession on another transaction. John will not be entitled to any future pensioner exemptions or concessions. The pensioner exemption or concession is only available once.
- Satisfying the parenting payment criteria
Together, Max and Sarah qualify for the Parenting Payment Partnered (PP) health care card. The card is issued to Sarah and Max is listed as her partner.
If Max and Sarah buy a home together, they will both be considered eligible pensioners because, while only one card is issued per family, the card demonstrates that they have both satisfied the criteria for the parenting payment. If only one of them is registered on title, the exemption or concession will apply to that person. The partner who is not registered on title may be eligible for the duty relief on a future transaction (provided he or she holds a relevant concession card at that time).
Regardless of who the property is transferred to, Sarah will need to fill out the application form because her details are required for concession verification purposes. Max will only need to fill out the application form if he is to be a transferee of the property.