Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p4
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 7711–10730

in the Commission's opinion likely to reside, in the premises for at least 14 consecutive days.

Residential care charge

"(3) Amounts payable for accommodation of a person in residential care are a residential care charge if:

    (a) the amounts are payable every 3 months or more frequently; or

    (b) the amounts are payable at regular intervals (greater than 3 months) and the Commission is satisfied that the amounts should be treated as a residential care charge for the purposes of this Act.

SCHEDULE 1—continued

Proportion of total care charge that is residential care charge

"(4) If:

    (a) a person who is in residential care pays, or is liable to pay, amounts for accommodation and other services; and

    (b) it is not possible to work out the part of each of those amounts that is paid or payable for accommodation;

the amount of residential care charge paid or liable to be paid by the person is taken, for the purposes of this Act, to be two-thirds of each of the amounts mentioned in paragraph (a).".

10. Subsection 5NB(1) (definition of dependent child component):

    After "rent assistance" in paragraph (a) insert "or residential care allowance".

11. Subsection 5NB(1) (Note 1 to definition of dependent child component):

    After "rent assistance" in paragraph (a) insert "or residential care allowance".

12. Section 36V (Note 3):

    After "additional rent assistance" insert "or residential care allowance".

13. Section 37V (Note 3):

    After "additional rent assistance" insert "or residential care allowance".

14. Section 38U (Note 4):

    After "additional rent assistance" insert "or residential care allowance".

15. Section 39X (Note 3):

    After "additional rent assistance" insert "or residential care allowance".

16. Subsection 40(1) (Note 1):

    After "rent assistance" insert residential care allowance".

17 Paragraph 40C(1)(a):

After "rent assistance Module of a Rate Calculator" insert the residential care allowance Module of a Rate Calculator".

18. Paragraph 40C(1)(c):

After "rent assistance Module" insert ", the residential care allowance Module".

SCHEDULE 1—continued

19. Paragraph 40C(l)(d):

After "Module" insert "or the residential care allowance Module".

20. Paragraph 40C(1A)(a):

After "rent assistance Module of a Rate Calculator" insert the residential care allowance Module of a Rate Calculator".

21. Paragraph 40C(1A)(c):

After "rent assistance Module" insert the residential care allowance Module".

22. Paragraph 40C(1A)(d):

After "Module" insert "or the residential care allowance Module".

23. Subsection 40C(2) (Relevant Modules Table):

After column 3 insert:
"
column 3A
residential care allowance
Module
Module CAA
Module DAAA

".

24. Point 41-A1 (Method statement—Step 2):

Add at the end "or the amount per year (if any) for residential care allowance using MODULE CAA below".

25. Point 41-A1 (Note 2):

Omit, substitute:

     "Note 2: If a person's rate is reduced under Step 8, the order in which the reduction is