Document ID: chunk:federal_register_of_legislation:C2024C00583:clause:1_38c:p1
Version: federal_register_of_legislation:C2024C00583
Segment Type: clause
Provision Reference: sch 1 cl 38C (pt 1/2)
Character Range: 418033–420606

38C  Eligibility for rent assistance
 (1) An amount by way of rent assistance for a period is to be added in working out an individual's maximum rate if:
 (a) the individual has at least one rent assistance child; and
 (b) the individual's claim for family tax benefit is not a claim to which subclause (2) applies; and
 (ba) neither the individual nor the individual's partner is receiving payments of incentive allowance under clause 36 of Schedule 1A to the Social Security Act 1991; and
 (c) the individual is not an ineligible homeowner; and
 (d) the individual is not an aged care resident; and
 (e) the individual pays, or is liable to pay, rent (other than Government rent); and
 (f) if the individual has at least one FTB child and is not a relevant shared carer—the rent is payable at a rate of more than:
 (i) if the individual is not a member of a couple—$5,000.50 per year; or
 (ii) if the individual is a member of a couple but is not partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple—$7,391.25 per year; or
 (iii) if the individual is partnered (partner in gaol) or is a member of an illness separated couple or a respite care couple—$5,000.50 per year; or
 (iv) if the individual is a member of a temporarily separated couple—$5,000.50 per year; and
 (fa) if the individual is a relevant shared carer, or has only one or more regular care children (but no FTB children)—the rent is payable at a rate of more than:
 (i) if the individual is not a member of a couple—$3,803.30 per year; or
 (ii) if the individual is a member of a couple but is not partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple—$6,186.75 per year; or
 (iii) if the individual is partnered (partner in gaol) or is a member of an illness separated couple or a respite care couple—$3,803.30 per year; or
 (iv) if the individual is a member of a temporarily separated couple—$3,803.30 per year; and
 (g) if the individual is outside Australia:
 (i) the person was paying rent (other than Government rent) for accommodation in Australia immediately before the individual left Australia; and
 (ii) the person continues to pay rent for the same accommodation while outside Australia.
 (2) This subclause applies to an individual's claim for family tax benefit if:
 (a) the claim is for family tax benefit for a past period that occurs in the first or second income year before the one in which the claim is made; and
 (b) when the claim is