Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p14
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 35787–38591

to help cover the cost of accommodation in residential care of a person who is eligible for residential care allowance under point 43-DAA2.

Note: For in residential care see subsection 5NAA(2).

Eligibility for residential care allowance

"43-DAA2. Residential care allowance is to be added to the person's maximum basic rate if:

(a) the person is in residential care; and

(b) the person is not an excluded property owner; and

(c) the person's rate of pension does not include an amount of rent assistance; and

(d) the person pays, or is liable to pay, a residential care charge for the person's residential care; and

(e) the residential care charge is payable at a rate that is more than:

       (i) if the Service Pension Rate Calculator Where There Are No Dependent Children applied to the person—the rate in paragraph 41-CAA(2)(e); or

       (ii) if the Service Pension Rate Calculator Where There Are Dependent Children applied to the person—the rate in paragraph 42-DAAA(2)(e); and

(f) the person is in Australia; and

(g) the person would be entitled to an additional amount by way of residential care allowance:

SCHEDULE 1—continued

       (i) if the Service Pension Rate Calculator Where There Are No Dependent Children would have applied to the person if the person were not permanently blind—under Module CAA of that Rate Calculator; or

       (ii) if the Service Pension Rate Calculator Where There Are Dependent Children would have applied to the person if the person were not permanently blind—under Module DAAA of that Rate Calculator.

Note 1: For in residential care, excluded property owner and residential care charge see section 5NAA.
Note 2: Service Pension Rate Calculator Where There Are No Dependent Children is found in section 41.
Note 3: Service Pension Rate Calculator Where There Are Dependent Children is found in section 42.

Rate of residential care allowance

"43-DAA3. The rate of residential care allowance is:

    (a) if the Service Pension Rate Calculator Where There Are No Dependent Children would have applied to the person if the person were not permanently blind—the rate at which residential care allowance would be payable to the person under Module CAA of that Rate Calculator; or

    (b) if the Service Pension Rate Calculator Where There Are Dependent Children would have applied to the person if the person were not permanently blind—the rate at which residential care allowance would be payable to the person under Module DAAA of that Rate Calculator.

    Note 1: If the Service Pension Rate Calculator Where There Are No Dependent Children (see section 41) applied to the person, the person would be subject to an ordinary income test (Module D) and an assets test (Module F).
    Note 2: If the Service Pension Rate Calculator Where There