Document ID: chunk:federal_register_of_legislation:C2006A00156:clause:1_11a:p3
Version: federal_register_of_legislation:C2006A00156
Segment Type: clause
Provision Reference: sch 1 cl 11A (pt 3/4)
Character Range: 8169–10721

person's principal home during:
 (a) if the Secretary 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—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 4.4 of the Aged Care Act 1997 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

Note 1: For rent, see subsection 13(2).

Note 2: A person can be liable to pay an accommodation charge only if certain conditions are met: see Division 57A of the Aged Care Act 1997.
 (b) if the Secretary 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—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 4.4 of the Aged Care Act 1997 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) or (b), the principal home of the person's partner.

Note: This subsection is not meant to imply that a person may have more than one principal home at the same time.

 (9) A residence of a person is to be taken to continue to be the person's principal home during:
 (a) any period (not exceeding 12 months) during which the person is temporarily absent from the residence; and
 (b) if the person is in a care situation or residential care—the period of 2 years beginning when the person started to be in a care situation or residential care; and
 (c) any period during which:
 (i) the person is in a care situation or residential care; and
 (ii) the residence is, or because of paragraph (a) or (b) continues to be, the principal home of the person's partner; and
 (d) if:
 (i) the person is in a care situation or residential care; and
 (ii) the person's partner dies while in a care situation or residential care; and
 (iii) the person's partner had been in a care situation or residential care for less than 2 years;
  the period of 2 years beginning at the time the person's partner started to be in a