Document ID: chunk:federal_register_of_legislation:C2024C00866:clause:5_5:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: clause
Provision Reference: sch 5 cl 5 (pt 1/3)
Character Range: 2002452–2005057

5  Rent assistance (changes introduced on 20 March 1993)
 (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
 (c) either of the following subparagraphs applies to the person:
 (i) if the person became entitled to be paid the pension before the commencement of this clause—section 111 of the Veterans' Affairs Legislation Amendment Act (No. 2) 1992 applied to the person immediately before that commencement;
 (ii) if the person becomes entitled to be paid the pension after that commencement—that section would have applied to the person immediately before he or she became so entitled if it had not been repealed; and
 (d) this subclause continues to apply to the person.
 (4) Subject to subclauses (7), (8), (9), (10) and (11), if subclause (1) or (3) applies to a person, the amount by way of rent assistance to be used to calculate the person's pension rate is the amount (the floor amount) by way of rent assistance that would be included in the person's pension rate if:
 (a) the person's pension rate were neither income reduced nor assets reduced; and
 (b) the amount of rent assistance were calculated under this Act as in force immediately before 20 March 1993.
 (5) Subclause (1) or (3) ceases to apply to a person if:
 (a) the person no longer receives a service pension, an income support supplement, or a social security pension under the Social Security Act; or
 (b) the person ceases to be eligible for rent assistance; or
 (c) the pension rate that is applicable to the person because of that subclause is equal to or less than the rate that would be the person's pension