Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p33
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 83735–86554

of residential care allowance payable to the person is to be worked out using the formula:

where:

initial residential care allowance is the amount worked out under subclause (1).

post-1996 increase is the sum of the increases in the amount of the maximum fortnightly rate of any of the following payments to the person after 31 December 1996 or the later day (the application day) this clause first applied to the person (whether or not the type or amount of payment payable to the person varies after 31 December 1996 or the application day because the person's circumstances change):

(a) a social security benefit;

(b) a social security pension;

SCHEDULE 6—continued

(c) family payment;

(d) non-benefit parenting allowance;

(e) child disability allowance;

(f) double orphan pension;

(g) mobility allowance;

(h) youth training allowance.

"(3) This clause does not apply (and cannot apply later) to a person when the amount of residential care allowance payable to the person under subclause (1) would be less than or equal to the amount of residential care allowance that would otherwise be payable to the person.

"(4) This clause ceases to apply (and cannot re-apply) to a person if:

(a) the person ceases to receive a social security pension, social security benefit or family payment; or

(b) the person ceases to be qualified for residential care allowance; or

    (c) the Secretary considers that there is a significant change in the person's circumstances that would affect the amount of residential care allowance that is payable to the person apart from this clause; or

    (d) the amount of residential care allowance that would be payable to the person if this clause applied is less than or equal to the amount of residential care allowance that would otherwise be payable.".

SCHEDULE 6—continued

PART 2—AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936

50. Subsection 24ABA(1) (Table):

After paragraph (a) in each item of the Table, insert:

"(aa) the amount included in the payment because residential care charge was paid or payable for the taxpayer;".

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SCHEDULE 7 Section 3

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO PROVIDE FOR IMMEDIATE RENT ASSISTANCE FOR THOSE LEAVING HOME TO RECEIVE OR GIVE COMMUNITY-BASED CARE

1. Section 3:

Insert in the Index after the entry for "Impairment Tables":

"in a care situation 13(9)".

2. Subsection 13(1) (paragraphs (b) and (c) of definition of ineligible homeowner):

Omit the paragraphs, substitute:

"(b) a person who:

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

       (ii) is personally providing a substantial level of care in another private residence for another person who needs, or in the Secretary's opinion is likely to need, that level of care