Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p32
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 76861–79421

where the person is living with his or her spouse in their matrimonial home—any rent that the spouse pays, or is liable to pay, in respect of that home shall be taken to be paid, or payable, by the person; and
    (b) where the Secretary is satisfied that:
        (i) the living expenses of the person and of his or her spouse are, or are likely to be, greater than they would otherwise be

        because they are unable, as a result of illness or infirmity, to live together in a matrimonial home; and
        (ii) the inability is likely to continue indefinitely;
     any rent that the spouse pays, or is liable to pay, in respect of premises or lodgings occupied by the person shall be taken to be paid, or payable, by the person.
    "(4) Subject to this section, where;
    (a) a person is qualified to receive an unemployment or a sickness benefit;
    (b) the rate of benefit applicable to the person is not increased under subsection (7);
    (c) the person:
        (i) is over the age of 25 years;
        (ii) is a married person; or
        (iii) is over the age of 18 years and living permanently or indefinitely away from the principal home of a parent of the person; and
    (d) if the person is a married person who is living with his or her spouse in their home—the spouse is not in receipt of:
        (i) an incentive allowance under section 31 or 143; or
        (ii) a prescribed pension (other than a benefit) the rate of which is calculated by reference to rent paid or payable by the person or to an incentive allowance under section 31 or 143;
subsection (5) applies to the person during any entitlement period in relation to the person.
"(5) Subject to subsection (8), where this subsection applies to a person during an entitlement period, the maximum rate of benefit applicable to the person during that period shall be increased by:
    (a) 50% of the amount by which the weekly rent paid, or payable, by the person exceeds $15; or
    (b) $10;
whichever is the lesser.
"(6) Subsection (7) applies to a person:
    (a) who is qualified to receive a benefit;
    (b) who is receiving or whose spouse is receiving a family allowance in respect of a child under the age of 16 years; and
    (c) if the person is a married person who is living with his or her spouse in their home—whose spouse is not in receipt of a prescribed pension (other than a benefit) the maximum rate of which is calculated by reference to rent paid or payable.
"(7) Subject to subsection (8), where this subsection applies to a person, the maximum rate of