Document ID: chunk:federal_register_of_legislation:C2024C00866:clause:5_4:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: clause
Provision Reference: sch 5 cl 4 (pt 1/2)
Character Range: 1999186–2001855

4  Rent assistance—retirement village residents (changes introduced on 12 June 1989)
 (1) If:
 (a) immediately before 3 November 1988:
 (i) a person was receiving a service pension; and
 (ii) the person's pension rate included an amount by way of rent assistance under or because of this Act as in force at that time; and
 (b) at all times since 3 November 1988:
 (i) the person has been entitled to a pension under this Act or a social security payment under the Social Security Act; and
 (ii) the person's principal home has been in a retirement village; and
 (c) immediately before the commencement of this clause, subsection 31(1) of the Social Security and Veterans' Affairs Legislation Amendment Act 1988 applied to the person;
the person is taken not to be an ineligible property owner or an excluded property owner for the purposes of this Act.
 (2) If:
 (a) immediately after 12 June 1989:
 (i) a person was receiving a social security payment under the Social Security Act; and
 (ii) the person's pension, benefit or allowance rate included an amount by way of rent assistance because of the operation of subsection 19(1) of the Social Security and Veterans' Affairs Legislation Amendment Act 1988; and
 (b) after 12 June 1989, the person began or begins to receive a pension; and
 (c) subsection 19(1) of the Social Security and Veterans' Affairs Legislation Amendment Act 1988 applied to the person at all times between 12 June 1989 and the person's beginning to receive the pension; and
 (d) at all times since the person began to receive the pension:
 (i) the person has continued to receive a pension; and
 (ii) the person's principal home has continued to be in the retirement village; and
 (e) either of the following subparagraphs applies to the person:
 (i) if the person began to receive the pension before the commencement of this clause, subsection 31(2) of the Social Security and Veterans' Affairs Legislation Amendment Act 1988 applied to the person immediately before that commencement;
 (ii) if the person begins to receive the pension after that commencement—that subsection would have applied to the person immediately before he or she began to receive the pension if it had not been repealed;
the person is taken not to be an ineligible property owner or an excluded property owner for the purposes of this Act.
 (3) Despite subclause (1) or (2), the rate of rent assistance or residential care allowance payable to a person to whom that subclause applies (whether that rate is required to be worked out under this Act (other than this Schedule) or is required to be worked out under subclause (4) of clause 4) is reduced by the sum of any