Document ID: chunk:federal_register_of_legislation:C2009A00060:clause:17_16:p2
Version: federal_register_of_legislation:C2009A00060
Segment Type: clause
Provision Reference: sch 17 cl 16 (pt 2/5)
Character Range: 171361–174046

taken to be provided, to the person;
is a break in residential care for the person.

Person not provided with residential care while on respite leave
 (4) For the purposes of subsections (1), (2) and (3), a person is not provided, or taken to be provided, with residential care during any period during which the person is being provided with *respite care.

58‑3B  Standard resident contribution—protected residents

Meaning of protected resident
 (1) A care recipient is a protected resident if:
 (a) the care recipient is a *pre‑September 2009 resident; and
 (b) the care recipient is not a *pre‑2008 reform resident to whom section 58‑3C applies; and
 (c) on 19 September 2009, the care recipient was not receiving an *income support payment.
 (2) A care recipient is also a protected resident if:
 (a) the care recipient is a *pre‑September 2009 resident; and
 (b) the care recipient is not a *pre‑2008 reform resident to whom section 58‑3C applies; and
 (c) on 19 September 2009, the care recipient was receiving an *income support payment; and
 (d) the amount determined under paragraph 44‑24(2)(b), (3)(b) or (4)(b) (as the case requires), for the purposes of working out the care recipient's *total assessable income in respect of 20 September 2009, is equal to or more than the sum of:
 (i) the amount worked out by applying point 1064‑E4 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991; and
 (ii) $5,668.00.

Standard resident contribution
 (3) The standard resident contribution for a care recipient who is a *protected resident is the greater of the following:
 (a) $33.41;
 (b) that amount as indexed on 20 September 2009, and from time to time after that date, in the same way that it would be indexed under the Social Security Act 1991 if it were an annual maximum basic rate under point 1064‑B1 of that Act applying to a person who is not a member of a couple (within the meaning of that point).

58‑3C  Standard resident contribution—certain pre‑2008 reform residents

Care recipients to whom this section applies
 (1) This section applies to a care recipient if:
 (a) the care recipient is a *pre‑2008 reform resident; and
 (b) on 19 September 2009, the care recipient did not have a dependent child; and
 (c) on 19 September 2009, one or more of the following requirements is met:
 (i) the care recipient was not receiving an *income support payment;
 (ii) for *entry to the residential care service in question, the care recipient had paid an *accommodation bond that was more than the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) an amount equal to 10 times the *basic age pension amount at