Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p3
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 5067–7962

RENT ASSISTANCE

1. Section 5 (Index):

Insert in their respective alphabetical positions determined on a letter-by-letter basis:

"excluded property owner 5NAA(1)

in residential care 5NAA(2)

residential care charge 5NAA(3)".

2. Paragraph 5H(8)(e) (Note):

(a) After "rent assistance" insert "or residential care allowance".

(b) After "Rent Assistance Module" insert "or Residential Care Allowance Module".

3. Subsection 5L(7) (Note):

Omit, substitute:

"Note 1: For residing in a nursing home see subsection 5N(8).
Note 2: For in residential care see subsection 5NAA(2).".

4. Subsection 5N(1) (definition of ineligible property owner):

Omit paragraph (b).

5. Subsection 5N(1) (definition of ineligible property owner—Note to paragraph (e)):

Omit "and for approved respite care see subsection 5R(8)".

6. Subsection 5N(1) (definition of rent):

Omit ", (3) and (4)", substitute "and (3)".

7. Subsection 5N(4):

Omit.

8. Subsection 5N(8):

Omit, substitute:

"(8) Unless the contrary intention appears, a reference in this Act to a person residing in a nursing home is a reference to a person who is:

   (a) residing in premises at which accommodation is provided exclusively or principally for people who have a mental disability; or

SCHEDULE 1—continued

   (b) a nursing-home type patient, within the meaning of the Health Insurance Act 1973, of a hospital.".

9. After section 5N:

Insert:

Residential care allowance definitions

"5NAA.(1) In this Act, unless the contrary intention appears:

excluded property owner means a property owner other than a person who:

(a) is in residential care; and

(b) is not residing in a retirement village.

in residential care has the meaning given by subsection (2).

residential care charge has the meaning given by subsection (3).

Note: For retirement village see subsections 5M(3) and (4) and for property owner see subsection 5L(4).

When a person is in residential care

"(2) For the purposes of this Act, a person is in residential care if the person:

(a) is residing in premises that are:

       (i) an approved nursing home for the purposes of the National Health Act 1953 or the Nursing Homes Assistance Act 1974; or

(ii) an approved home for the purposes of the Aged or Disabled Persons Care Act 1954; or

(iii) an approved hostel for the purposes of the Aged or Disabled Persons Hostels Act 1972; or

       (iv) made available for the accommodation of the person by an approved organisation providing hostel care services or personal care services to the person for the purposes of Part III of the Aged or Disabled Persons Care Act 1954; and

    (b) has resided, or is in the Commission's opinion likely to reside, in the premises for at least 14 consecutive days.

Residential care charge

"(3) Amounts payable for accommodation of a person in residential care are a residential care charge if:

    (a) the amounts are