Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p17
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 17/50)
Character Range: 52021–54686

subparagraphs (1)(b)(ii) and (iii) to the entry time had been references to the time specified in the determination.
 (1C) Subject to subsection (1E), this subsection covers a determination, made under section 44‑8AA when or after the person *entered the residential care service, that the conditions in paragraphs (1)(a), (b) and (c) were met at the applicable time under subsection (2).
 (1D) If:
 (a) a determination covered by subsection (1B) is made in relation to a person; and
 (b) the time specified in the determination is on or after 20 September 2009;
subsection (1B) has effect as if the reference to paragraph (1)(c) were a reference to that paragraph modified by omitting "2.5" from subparagraph (i) and substituting "2.25".
 (1E) If:
 (a) a determination covered by subsection (1C) is made in relation to a person; and
 (b) the applicable time under subsection (2) is on or after 20 September 2009;
subsection (1C) has effect as if the reference to paragraph (1)(c) were a reference to that paragraph modified by omitting "2.5" from subparagraph (i) and substituting "2.25".

What is the applicable time?
 (2) The applicable time is:
 (a) if:
 (i) the person had, within 28 days prior to *entry to the residential care service, been provided with residential care through another residential care service; and
 (ii) the person had paid an *accommodation bond for entry to that other service;
  the time that was, under this subsection, the applicable time in respect of that other service; or
 (b) in any other case—the time at which the person entered the residential care service.

If there is financial hardship (whatever the applicable time)
 (3) A person is also a concessional resident if:
 (a) a determination is in force under paragraph 57‑14(1)(a) or 57A‑9(1)(a) in respect of the person; and
 (b) the person is a *pre‑2008 reform resident.

44‑8  Meaning of assisted resident

If the applicable time is before 1 July 2005
 (1) A person is an assisted resident if the person is being provided with residential care (other than *respite care) through a residential care service, the applicable time under subsection (2) is before 1 July 2005 and, at the applicable time:
 (a) the person was receiving an *income support payment; and
 (b) the person had not been a *homeowner for 2 years or more, or owned a home that was occupied by:
 (i) the *partner or a *dependent child of the person; or
 (ii) a carer of the person who had occupied the home for the past 2 years and, at the entry time, was eligible to receive an income support payment; or
 (iii) a *close relation of the person who had occupied the home for the past 5 years and, at the