Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p23
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 61469–64192

1989, a person was receiving rent assistance under or because of the Social Security Act 1947 in respect of payments for board and lodging; and

    (b) on or after 12 June 1989, the person became or becomes entitled to be paid a pension under this Act; and

SCHEDULE 2—continued

    (c) subsection 18(1) of the Social Security and Veterans' Affairs Legislation Amendment Act 1988 had not ceased to apply to the person until the person became entitled to the pension; and

    (d) at all times since the person became entitled to the pension the person:

       (i) has been receiving a pension; and

       (ii) has been a boarder; and

    (e) either of the following subparagraphs applies to the person:

       (i) if the person became entitled to the pension before the commencement of this clause, subsection 30(3) of the Social Security and Veterans' Affairs Legislation Amendment Act 1988 applied to the person immediately before that commencement;

       (ii) if the person becomes entitled to the pension after that commencement—that subsection would have applied to the person immediately before he or she became so entitled if it had not been repealed;

the amount of rent assistance included in the person's pension rate is not to fall below the person's floor amount.

"(4) Despite subclause (1) or (3), the rate of rent assistance payable to a person to whom that subclause applies is reduced by the sum of any indexation or adjustment increases occurring after the commencement of this clause to the person's pension rate.

"(5) Subclause (1) or (3) ceases to apply to a person if the person's pension rate that is applicable because of that subclause is equal to or less than the rate that would be the person's pension rate if that subclause had not applied to the person.

"(6) If subclause (1) or (3) ceases to apply to a person, it does not again apply to the person.

"(7) In this clause:

boarder means a person who ordinarily lives on premises where the person is provided with board and lodging.

floor amount, in relation to a person, means the amount by way of rent assistance that would be included in the person's pension rate if:

    (a) that amount were worked out, subject to paragraph (b), under this Act as in force immediately before 12 June 1989; and

    (b) this Act as in force at that time were modified as follows:

       (i) the following paragraph applied instead of paragraph 55(1)(a):

SCHEDULE 2—continued

         '(a) the person pays, or is liable to pay, rent, other than government rent, at a rate exceeding $1,040 per year;';

        (ii) 'the amount set out in paragraph (1)(a)' were substituted for '$780' in subparagraph 55(3)(a)(i); and

    (c) any increase in