Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p31
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 81331–84206

definition of ineligible property owner):

Omit, substitute:

"(c) a person who:

       (i) is absent from the person's principal home, in relation to which the person is a property owner; and

       (ii) is in a care situation but is not residing in a retirement village; or

(ca) a person who:

       (i) is absent from the person's principal home, in relation to which the person is a property owner; and

       (ii) is personally providing community-based care for another person; or".

3. Subsection 5N(1) (Note after definition of ineligible property owner):

After "and (7)", insert "and for personally providing community-based care and in a care situation see subsection 5N(9),".

4. After subparagraph 5N(2)(a)(i):

Insert:

     "(ia) as a condition of occupancy of premises, or of a part of premises, occupied by the person to allow him or her personally to provide community-based care for another person; or".

5. Subparagraph 5N(2)(a)(iii):

Omit, substitute:

SCHEDULE 5—continued

       "(iii) if the person is in a care situation and the place where the person receives the care is the person's principal home or would be the person's principal home apart from subsection 5L(7)—for accommodation in the place where the person receives care; or".

6. After subsection 5N(3):

Insert:

"(3A) If a person is in a care situation and the person's principal home is not the place where the person receives the care, the person's rent may be an amount described in any of the subparagraphs of paragraph (2)(a) that applies to the person but cannot include amounts described in different subparagraphs of paragraph (2)(a).

   Note: Under subsection 5L(7), the principal home of a person in a care situation may be a place other than the place where the person receives care.

"(3B) If an amount described in subparagraph (2)(a)(ia) and an amount described in another subparagraph of paragraph (2)(a) are payable by a person, the person's rent may be an amount described in either of those subparagraphs but cannot include amounts described in different subparagraphs of paragraph (2)(a).

   Note: Under subsection 5L(7), premises occupied by a person as described in subparagraph (2)(a)(ia) may not be the person's principal home.".

7. Paragraph 5N(7)(a):

Omit, substitute:

    "(a) a person in a care situation pays, or is liable to pay, amounts for accommodation and other services in the care situation; and".

8. After subsection 5N(8):

Add:

"(9) For the purposes of this Act, unless the contrary intention appears:

    (a) a person is receiving community-based care if, in the Commission's opinion, the person needs, and has been receiving or is likely to receive, a substantial level of care in a private residence for at least 14 consecutive days; and

    (b) a person is personally providing community-based care for another person if, in the