Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p25
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 66515–69207

person began to receive the pension before the commencement of this clause, subsection 31(2) of the Social Security and Veterans' Affairs Legislation Amendment Act 1988 applied to the person immediately before that commencement;

       (ii) if the person begins to receive the pension after that commencement—that subsection would have applied to the person immediately before he or she began to receive the pension if it had not been repealed;

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

"(3) Despite subclause (1) or (2), the rate of rent assistance or residential care allowance payable to a person to whom that subclause applies (whether that rate is required to be worked out under this Act (other than this Schedule) or is required to be worked out under subclause (4) of clause 4) is reduced by the sum of any indexation or adjustment increases occurring after the commencement of this clause to the person's pension rate.

"(4) If, because of subclause (3), the rate of rent assistance or residential care allowance payable to a person to whom subclause (1) or (2) applies is reduced to nil, subclause (1) or (2), as the case may be, ceases to apply to the person.

"(5) If subclause (1) or (2) ceases to apply to a person, that subclause does not apply to the person again.

"(6) In this clause:

indexation or adjustment increase means an increase resulting from the operation of Division 18 of Part IIIB.

SCHEDULE 2—continued

Rent assistance (changes introduced on 20 March 1993)

"4.(1) This clause applies to a person if:

    (a) immediately before 20 March 1993:

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

       (ii) the person's pension included an amount by way of rent assistance; and

    (b) immediately before the commencement of this clause, section 111 of the Veterans' Affairs Legislation Amendment Act (No. 2) 1992 applied to the person; and

    (c) this subclause continues to apply to the person.

"(2) If:

    (a) a decision was made on or after 20 March 1993 under this Act that a person was entitled to rent assistance in respect of a period; and

    (b) the period started before 20 March 1993; and

    (c) the period continued until at least 19 March 1993;

the person is taken, for the purposes of this clause, to have been receiving rent assistance under this Act immediately before 20 March 1993.

"(3) This clause applies to a person if:

    (a) immediately before 20 March 1993, the person was receiving rent assistance under the Social Security Act; and

    (b) on or after that date, the person became or becomes entitled to be paid a pension; and