Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5n:p3
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5N (pt 3/4)
Character Range: 188221–190729

or payable (whether wholly or partly) in a lump sum, by instalments or otherwise.
 (3AB) If the whole or any part of an amount that is not rent in relation to a person as mentioned in subsection (3AA) is, or will or may become, repayable to the person, any amount by which the amount so repayable is reduced is not rent in relation to the person (either at the time when the reduction occurs or at any later time).
 (3A) If a person is in a care situation and the person's principal home is not the place where the person receives the care, the person's rent may be an amount described in any of the subparagraphs of paragraph (2)(a) that applies to the person but cannot include amounts described in different subparagraphs of paragraph (2)(a).
Note: Under subsection 5LA(8) or (9), the principal home of a person in a care situation may be a place other than the place where the person receives care.
 (3B) If an amount described in subparagraph (2)(a)(ia) and an amount described in another subparagraph of paragraph (2)(a) are payable by a person, the person's rent may be an amount described in either of those subparagraphs but cannot include amounts described in different subparagraphs of paragraph (2)(a).
Note: Under subsection 5LA(8) or (9), premises occupied by a person as described in subparagraph (2)(a)(ia) may not be the person's principal home.
 (4) If a person pays, or is liable to pay, rent for living in premises in respect of which another person pays Government rent, the rent paid or payable by the person for living in those premises is taken to be Government rent, unless:
 (a) the rent paid by the other person is at or above a rate that the authority receiving the rent has told the Department is the market rate; or
 (b) the person shares the premises with that other person and the person's income has been taken into account in calculating the amount of Government rent payable in respect of those premises.
 (5) If a law of a State or of the Northern Territory alters the name of an authority referred to in the definition of Government rent in subsection (1), a reference to that authority in that definition is to be read as a reference to the authority under the new name.

Board and lodging
 (6) Where:
 (a) a person pays, or is liable to pay, amounts for board and lodging; and
 (b) it is not possible to work out the part of each of those amounts that is paid or payable for lodging;
the amount of rent paid or payable by the person is, for the purposes of this Act, to