Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p26
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 68977–71657

to a person if:

    (a) immediately before 20 March 1993, the person was receiving rent assistance under the Social Security Act; and

    (b) on or after that date, the person became or becomes entitled to be paid a pension; and

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

       (i) if the person became entitled to be paid the pension before the commencement of this clause—section 111 of the Veterans' Affairs Legislation Amendment Act (No. 2) 1992 applied to the person immediately before that commencement;

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section would have applied to the person immediately before he or she became so entitled if it had not been repealed; and

    (d) this subclause continues to apply to the person.

"(4) Subject to subclauses (7), (8), (9), (10) and (11), if subclause (1) or (3) applies to a person, the amount by way of rent assistance to be used to calculate the person's pension rate is the amount (the floor amount) by way of rent assistance that would be included in the person's pension rate if:

    (a) the person's pension rate were neither income reduced nor assets reduced; and

SCHEDULE 2—continued

    (b) the amount of rent assistance were calculated under this Act as in force immediately before 20 March 1993.

"(5) Subclause (1) or (3) ceases to apply to a person if:

    (a) the person no longer receives a service pension, an income support supplement, or a social security pension under the Social Security Act; or

    (b) the person ceases to be eligible for rent assistance; or

    (c) the pension rate that is applicable to the person because of that subclause is equal to or less than the rate that would be the person's pension rate if that subclause did not apply to the person; or

    (d) the Commission considers that there is a significant change in the person's circumstances that would affect the amount of rent assistance that is payable to the person apart from this clause.

"(6) If:

    (a) subclause (1) or (3) ceases to apply to a person because of subclause (5); and

    (b) within 42 days, or any longer period that the Commission determines, after the day on which that subclause ceases to apply to the person, there is a change in the person's circumstances; and

    (c) the Commission considers that the change in the person's circumstances is so significant that subclause (1) or (3) should apply to the person;

the Commission may determine in writing that subclause (1) or (3) is to apply to the person from a stated date.

"(7) Subject to subclauses (11) and (13), if:

    (a) subclause (1) or (3) applies