Document ID: chunk:federal_register_of_legislation:C2025C00162:section:11a:p4
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 11A (pt 4/6)
Character Range: 209110–211653

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 residential care—the period of 2 years beginning when the person started to be in a care situation or residential care; and
 (c) any period during which:
 (i) the person is in a care situation or residential care; and
 (ii) the residence is, or because of paragraph (a) or (b) continues to be, the principal home of the person's partner; and
 (d) if:
 (i) the person is in a care situation or residential care; and
 (ii) the person's partner dies while in a care situation or residential care; and
 (iii) the person's partner had been in a care situation or residential care for less than 2 years;
  the period of 2 years beginning at the time the person's partner started to be in a care situation or residential care; and
 (e) where:
 (i) the person is in a care situation or residential care; and
 (ii) the person's partner dies while not in a care situation or residential care;
  the period of 2 years from the partner's death; and
 (f) any period of up to 2 years while the person is absent from the residence and is personally providing a substantial level of care in another private residence for another person who needs, or in the Secretary's opinion is likely to need, that level of care in a private residence for at least 14 consecutive days.
Note: For in a care situation, see subsection 13(9); for in residential care see subsection 23(4CA).
 (9A) For the purposes of paragraph (9)(a), the Secretary may determine, in writing, a period of up to 24 months if:
 (a) a person's principal