Ask Noel: Super rules when working after 75

A YOUR employer cannot make personal contributions but can accept mandated employer contributions such as superannuation guarantee.

Q MY ex-husband has had to go into a nursing home from hospital. We jointly own a property and have been separated for about 15 years (but not divorced). I moved back in with him after he had a stroke and couldn’t manage on his own. I was registered as his carer and received the carer’s allowance as I was not entitled to the full carers pension because of my super. I am not a “protected person” and want to remain living in the property. If I transfer it into my name, I understand it will be classed as a gift by Centrelink. When I signed the forms for my ex-husband’s nursing home admission I was told they may put a caveat on the property. Can they do this?

A RACHEL Lane of Age Care Gurus says that to qualify as a protected person you would need to be living in the home for at least two years and eligible to receive an income support payment such as the age pension or carer’s pension. The carer’s allowance is not an income support payment. You could look at having the property exempted under financial hardship on the basis that it is unreasonable to sell it. An application for financial hardship would look at your husband’s total financial situation.

It is not uncommon for aged care facilities to seek security where a resident chooses to pay for their accommodation cost by daily payment. Caveats or third party guarantees are the method most providers use.

Q AN aunt in England has told me I am to be one of her beneficiaries in her will. She estimates I should receive between £50,000 and £60,000. I have a line of credit against my house equity, which would probably be paid right down or off totally. How will this affect my current part-pension, and will I have to pay tax on the lump sum received?

A IF THERE are taxes in England they should be paid by the estate before the legacy is remitted to you, which means there should be no taxes in Australia when the money is received. Provided the proceeds are used to reduce a loan on your own residence, there should be no effect on your pension.