Plain-English Legal Guide

Deprivation vs. Gifting:
What Centrelink Can and Cannot Count

One of the most misunderstood — and most misapplied — rules in the Age Pension system. Understanding the difference between a mandatory accounting write-down and a voluntary gift could mean thousands of dollars in back-payments.

Information current as of March 2025. Gifting thresholds and deprivation rules are set by legislation and do not change with CPI. Always verify at servicesaustralia.gov.au/gifting.

The Key Distinction

Deprivation

A mandatory accounting write-down — the value of an asset falls because of normal market forces, depreciation, or a legal obligation. You did not choose to reduce your assets.

Examples:

  • Share price falls on the ASX
  • Property value declines in a down market
  • Car depreciates over time
  • Paying off a legitimate debt
  • Spending on normal living expenses

✓ Centrelink CANNOT penalise you for deprivation. It is not a gift.

Gifting

A voluntary transfer of assets — you choose to give away money, property, or assets for less than their market value. Centrelink may count the gifted amount as if you still own it.

Examples:

  • Giving money to children or grandchildren
  • Selling a property below market value
  • Transferring assets into a trust
  • Forgiving a loan you made to someone
  • Paying someone's expenses as a gift

⚠ Centrelink MAY count gifts above the threshold as a deprived asset.

The Gifting Thresholds (2025)

You are allowed to gift a certain amount each year without it affecting your pension. Above these thresholds, Centrelink treats the excess as a "deprived asset" and continues to count it in your assets test for 5 years.

ThresholdAmountNotes
Annual gifting free area$10,000 per yearApplies per financial year (1 July – 30 June)
5-year gifting free area$30,000 over 5 yearsCombined total across any rolling 5-year period
Deprived asset period5 yearsExcess gifts counted in assets test for 5 years from date of gift

Important: These thresholds are the same regardless of whether you are single or a couple. They have not changed since 2002 and are not indexed to inflation.

Where Centrelink Often Gets It Wrong

The most common error is Centrelink treating a deprivation (market loss, normal expense) as a gift. This can result in your pension being reduced or denied incorrectly. If any of these apply to you, you may have grounds for a review.

Centrelink counted a share price drop as a gift

Market losses are not gifts. Centrelink must use the current market value of your shares, not the price you paid.

Centrelink counted money spent on home renovations as a gift

Spending money on your principal home is a normal living expense. Your home is exempt from the assets test anyway.

Centrelink counted paying off a mortgage as deprivation

Paying off a legitimate debt reduces both your assets and your liabilities equally. It is not a gift.

Centrelink counted a loan to a family member as a gift

A documented loan (with a written agreement) is an asset (money owed to you), not a gift. You must be able to show a loan agreement.

Centrelink applied the gifting rule to a transfer more than 5 years ago

Deprived assets are only counted for 5 years from the date of the gift. After 5 years, the rule no longer applies.

What To Do If You've Been Penalised Incorrectly

1

Request the Assessment in Writing

Ask Centrelink to provide a written explanation of exactly what they counted as a deprived asset and why.

2

Request an Authorised Review Officer (ARO) Review

You have 13 weeks from the decision to request a free internal review. This is the fastest path to correction.

3

Contact Welfare Rights Centre

Free legal advice from specialists who handle exactly these cases. Call 1800 226 028.

Official Resources