Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5la:p4
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5LA (pt 4/6)
Character Range: 171417–173941

For in a care situation, see subsection 5NC(2). For aged care resident, see subsection 5NC(5).
Note 3: This subsection is not meant to imply that a person may have more than one principal home at the same time.
Note 4: A person can be liable to pay an accommodation charge only if certain conditions are met: see Division 57A of the Aged Care (Transitional Provisions) Act 1997. For rules about accommodation bonds, see Division 57 of that Act.
 (8A) Subsection (8) does not apply in relation to a person who first enters a residential care service or a flexible care service on or after the commencement of this subsection.
 (8B) Subsection (8) does not apply, and never again applies, in relation to a person if:
 (a) the person enters a residential care service or a flexible care service on or after the commencement of this subsection; and
 (b) that entry occurs more than 28 days after the day the person last ceased being provided with residential care or flexible care through a residential care service or a flexible care service (other than because the person was on leave).
 (8C) An expression used in subsection (8A) or (8B) and in the Aged Care Act 1997 has the same meaning in that subsection as in that Act.
 (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 or any longer period determined under subsection (9A) or (9B)) during which the person is temporarily absent from the residence; and
 (b) if the person is in a care situation or is an aged care resident—the period of 2 years beginning when the person started to be in a care situation or an aged care resident; and
 (c) any period during which:
 (i) the person is in a care situation or is an aged care resident; and
 (ii) the residence is, or because of paragraph (a) or (b) continues to be, the principal home of the person's partner or non‑illness separated spouse; and
 (d) if:
 (i) the person is in a care situation or is an aged care resident; and
 (ii) while paragraph (c) applies, the person's partner or non‑illness separated spouse dies while in a care situation or while an aged care resident; and
 (iii) the person's partner or non‑illness separated spouse had been in a care situation or an aged care resident for less than 2 years;
  the period of 2 years beginning at the time the person's partner or non‑illness separated spouse started to be in a care situation or an aged care resident; and
 (e) where:
 (i) the person is in a care situation or