Document ID: chunk:federal_register_of_legislation:C2024C00866:clause:5_17a
Version: federal_register_of_legislation:C2024C00866
Segment Type: clause
Provision Reference: sch 5 cl 17A
Character Range: 2034598–2036533

17A  Persons who became charge exempt residents before commencement
 (1) This clause applies if a person first became a charge exempt resident before the commencement of this clause.
 (2) If, at any time after becoming a charge exempt resident but before the commencement of this clause, the person, or the person's partner, was earning, deriving or receiving any rent from the person's principal home from another person, any such rent earned, derived or received while the person is a charge exempt resident is not income in relation to the person, or the person's partner, for the purposes of this Act.
Note 1: For rent, see subsection 5N(2).
Note 2: Under subsections 5LA(8) and (9), and subclause (3) of this clause, the principal home of a person in a care situation may be a place other than the place where the person receives care.
 (3) A residence of a person is taken to be the person's principal home for the purposes of this Act during:
 (a) if:
 (i) the Commission is satisfied that the residence was previously the person's principal home but that the person left it for the purpose of going into a care situation or becoming an aged care resident; and
 (ii) at any time after leaving the residence but before the commencement of this clause, the person, or the person's partner, earned, derived or received rent for the residence from another person;
  any period during which:
 (iii) the person is a charge exempt resident; and
 (iv) the person, or the person's partner, is earning, deriving or receiving rent for the residence from another person; and
 (b) any period during which the residence is, because of paragraph (a), the principal home of the person's partner.
Note 1: For rent see subsection 5N(2). For in a care situation see subsection 5NC(2). For aged care resident see subsection 5NC(5).
Note 2: This subclause is not meant to imply that a person may have more than one principal home at the same time.