Document ID: chunk:federal_register_of_legislation:C2004A04148:body:0:p35
Version: federal_register_of_legislation:C2004A04148
Segment Type: other
Provision Reference: 
Character Range: 101102–103917

paragraph 55 (1) (a):

             '(a) the person pays, or is liable to pay, rent, other than government rent, at a rate exceeding $1,040 per year;';

         (ii) 'the amount specified in paragraph (l) (a)' were substituted for '$780' in subparagraph 55 (3) (a) (i); and

    (c) any increases in the amounts being paid by the person from time to time for board and lodging above the level being paid immediately before 11 June 1989 were disregarded.

"(5) Subsection (1) or (3) ceases to apply to a person's service pension rate when the amount of rent assistance that the person would be entitled to because of that subsection is less than (or equal to) the amount of rent assistance that the person is entitled to under the Veterans' Entitlements Act 1986.

"(6) Subsection (1) or (3) will not apply to a person again once it has ceased to apply to the person.

"(7) References in this section to payments for board and lodging include references to payments for accommodation and other services that are provided to a person who is residing in a nursing home.

  "(8) In this section:

'boarder' means a person who ordinarily lives on premises where the person is provided with board and lodging.

Section 31:

  Repeal the section, substitute:

SCHEDULE 4—continued

Rent assistance—retirement village residents (changes introduced on 12 June 1989)

  "31. (1) If:

  (a) immediately before 3 November 1988:

       (i) a person was receiving a service pension; and

         (ii) the person's service pension rate included an amount by way of rent assistance under or because of the Veterans' Entitlements Act 1986; and

  (b) at all times since 3 November 1988:

       (i) the person has been entitled to a service pension; and

         (ii) the person's principal home has been in a retirement village;

     the person is to be taken not to be an ineligible property owner for the purposes of the Veterans' Entitlements Act 1986.

  "(2) If:

  (a) immediately after 12 June 1989:

         (i) a person was receiving a social security pension, social security benefit or family allowance supplement; and

         (ii) the person's pension, benefit or allowance rate included an amount by way of rent assistance because of the operation of subsection 19 (1) of the Social Security and Veterans' Affairs Legislation Amendment Act 1988; and

    (b)     after 12 June 1989, the person began to receive a service pension under the Veterans' Entitlements Act 1986; and

    (c)     subsection 19 (1) of the Social Security and Veterans' Affairs Legislation Amendment Act 1988 applied to the person at all times between 12 June 1989 and the person's commencing to receive the service pension; and

    (d)     at all times since the person commenced to receive the service pension:

       (i) the person