Document ID: chunk:federal_register_of_legislation:C2004A04148:body:0:p34
Version: federal_register_of_legislation:C2004A04148
Segment Type: other
Provision Reference: 
Character Range: 98564–101359

38c or 39c".

 Social Security and Veterans' Affairs Legislation Amendment Act 1988

Section 30:

  Repeal the section, substitute:

Rent assistance—boarders and lodgers (changes introduced on 12 June 1989)

  "30. (1) If:

  (a) immediately before 12 June 1989:

         (i) a person was receiving a service pension under or because of the Veterans' Entitlements Act 1986; and

         (ii) the person's service pension rate included an amount by way of rent assistance in respect of payments made for board and lodging; and

  (b) at all times since 12 June 1989, the person:

       (i) has been receiving a service pension; and

      (ii) has been a boarder;

the amount by way of rent assistance included in the person's service pension rate is not to fall below the floor amount.

  "(2) If:

    (a)     a decision is made under the Veterans' Entitlements Act 1986 on or after 12 June 1989 that a person is entitled to rent assistance under that Act in respect of a period; and

  (b)     the period starts before 12 June 1989; and

  (c)     the period continued until at least 11 June 1989;

the person is to be taken, for the purposes of this section, to have been receiving rent assistance under that Act immediately before 12 June 1989.

  "(3) If:

    (a)     immediately before 12 June 1989, a person was receiving rent assistance under or because of the Social Security Act 1947 in respect of payments for board and lodging; and

    (b)     after that date, the person becomes entitled to be paid a service pension under the Veterans' Entitlements Act 1986; and

 SCHEDULE 4—continued

    (c)     subsection 18 (1) had not ceased to apply to the person until the person became entitled to that service pension; and

    (d)     at all times since the person became entitled to that service pension the person:

       (i) has been receiving a service pension; and

      (ii) has been a boarder;

the amount of rent assistance included in the person's service pension rate is not to fall below the person's floor amount.

"(4) For the purposes of subsections (1) and (3), the person's floor amount is the amount by way of rent assistance that would be included in the person's service pension rate if:

    (a)     that amount were calculated, subject to paragraph (b), under the Veterans' Entitlements Act 1986 as in force immediately before 12 June 1989; and

    (b)    the Veterans' Entitlements Act 1986 as in force at that time were modified as follows:

         (i) the following paragraph applied instead of paragraph 55 (1) (a):

             '(a) the person pays, or is liable to pay, rent, other than government rent, at a rate exceeding $1,040 per year;';

         (ii) 'the amount specified in paragraph (l) (a)' were substituted for '$780' in subparagraph 55