Document ID: chunk:federal_register_of_legislation:C2004A04145:body:0:p18
Version: federal_register_of_legislation:C2004A04145
Segment Type: other
Provision Reference: 
Character Range: 41915–44773

taken not to be an ineligible homeowner for the purposes of this Act.

  (2) If:

  (a) immediately after 13 June 1989:

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

         (ii) the person's pension rate included an amount by way of rent assistance because of the operation of subsection 31 (1) of the Social Security and Veterans' Affairs Legislation Amendment Act 1988; and

    (b)    after 13 June 1989, the person began to receive a social security pension, social security benefit or family allowance supplement under the 1947 Act or this Act; and

    (c)     subsection 31 (1) of the Social Security and Veterans' Affairs Legislation Amendment Act 1988 applied to the person at all times between 13 June 1989 and the person's commencing to receive the social security pension, social security benefit or family allowance supplement; and

    (d)    at all times since the person commenced to receive the social security pension, social security benefit or family allowance supplement:

         (i) the person has continued to receive a social security pension, social security benefit or family allowance supplement; and

         (ii) the person's principal home has continued to be in the retirement village;

the person is to be taken not to be an ineligible property owner for the purposes of this Act.

(3) If subclause (1) or (2) ceases to apply to the person, that subsection does not apply to the person again.

Additional free area—prescribed student children (changes introduced on 1 Janaury 1990)

29. (1) The provision of this Act that denies additional free area for prescribed student children does not apply to the calculation of a person's pension or benefit rate if:

    (a)     the person was receiving a social security pension or benefit immediately before 1 January 1990; and

    (b)     the person's income was, immediately before 1 January 1990, being reduced by an amount in respect of a child because of section 35 of the 1947 Act; and

  (c)     the person has, at all times since 1 January 1990:

       (i) been receiving a social security pension or benefit; and

SCHEDULE 1—continued

          (ii) had a dependent child who has turned 18 and is a prescribed student child.

(2) The provision of this Act that denies additional free area for prescribed student children is point 1064-E5 of Pension Rate Calculator

A.

Guardian allowance—prescribed student children (changes introduced on 1 January 1990)

30. (1) The provisions of this Act that deny guardian allowance for prescribed student children do not apply to the calculation of a person's pension or benefit rate if:

     (a)     the person was receiving a social security pension or benefit immediately before 1 January 1990; and

     (b)    the rate of pension or benefit payable to the person, immediately before 1 January 1990, included