Document ID: chunk:federal_register_of_legislation:C2006A00156:clause:1_5la:p3
Version: federal_register_of_legislation:C2006A00156
Segment Type: clause
Provision Reference: sch 1 cl 5LA (pt 3/4)
Character Range: 26148–28724

the land;
 (l) any other matter that the Commission considers relevant.

Effect of absences from principal home

 (8) A residence of a person is taken to be the person's principal home during:
 (a) if 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—any period during which:
 (i) the person is accruing a liability to pay an accommodation charge (or would be accruing such a liability, assuming that no sanctions under Part 4.4 of the Aged Care Act 1997 were currently being imposed on the provider of the care concerned); and
 (ii) the person, or the person's partner, is earning, deriving or receiving rent for the residence from another person; and
 (b) if 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—any period during which:
 (i) the person is liable to pay all or some of an accommodation bond by periodic payments (or would be liable to do so, assuming that no sanctions under Part 4.4 of the Aged Care Act 1997 were currently being imposed on the provider of the care concerned); and
 (ii) the person, or the person's partner, is earning, deriving or receiving rent for the residence from another person; and
 (c) any period during which the residence is, because of paragraph (a) or (b), the principal home of the person's partner.

Note 1: Accommodation charge and accommodation bond have the same meaning as in the Aged Care Act 1997: see subsection 5L(1).

Note 2: For rent, see subsection 5N(2). For in a care situation, see subsection 5NC(2). For aged care resident, see subsection 5NC(5).

Note 3: This subsection is not meant to imply that a person may have more than one principal home at the same time.

Note 4: A person can be liable to pay an accommodation charge only if certain conditions are met: see Division 57A of the Aged Care Act 1997. For rules about accommodation bonds, see Division 57 of 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) during which the person is temporarily absent from the residence; and
 (b) if the person is in a care situation or is an aged care resident—the period of 2 years beginning when the person started to be in a care situation or an aged care resident; and
 (c) any period during which:
 (i) the person is