Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5la:p3
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5LA (pt 3/6)
Character Range: 169001–171635

that the Commission considers relevant.

Effect of absences from principal home
 (8) A residence of a person is taken to be the person's principal home during:
 (a) if the Commission is satisfied that the residence was previously the person's principal home but that the person left it for the purpose of going into a care situation or becoming an aged care resident—any period during which:
 (i) the person is accruing a liability to pay an accommodation charge (or would be accruing such a liability, assuming that no sanctions under Part 7B of the Aged Care Quality and Safety Commission Act 2018 were currently being imposed on the provider of the care concerned); and
 (ii) the person, or the person's partner, is earning, deriving or receiving rent for the residence from another person; and
 (b) if the Commission is satisfied that the residence was previously the person's principal home but that the person left it for the purpose of going into a care situation or becoming an aged care resident—any period during which:
 (i) the person is liable to pay all or some of an accommodation bond by periodic payments (or would be liable to do so, assuming that no sanctions under Part 7B of the Aged Care Quality and Safety Commission Act 2018 were currently being imposed on the provider of the care concerned); and
 (ii) the person, or the person's partner, is earning, deriving or receiving rent for the residence from another person; and
 (ba) if the Commission is satisfied that the residence was previously the person's principal home but that the person left it for the purpose of going into a care situation or becoming an aged care resident—any period during which:
 (i) the person is liable to pay all or some of a daily accommodation payment or a daily accommodation contribution (or would be liable to do so, assuming that no sanctions under Part 7B of the Aged Care Quality and Safety Commission Act 2018 were currently being imposed on the provider of the care concerned); and
 (ii) the person, or the person's partner, is earning, deriving or receiving rent for the residence from another person; and
 (c) any period during which the residence is, because of paragraph (a), (b) or (ba), the principal home of the person's partner.
Note 1: Accommodation charge and accommodation bond have the same meaning as in the Aged Care Act 1997: see subsection 5L(1).
Note 2: For rent, see subsection 5N(2). For in a care situation, see subsection 5NC(2). For aged care resident, see subsection 5NC(5).
Note 3: This subsection is not meant to imply that a person may have more than one principal home at the same time.
Note 4: