Document ID: chunk:federal_register_of_legislation:C2004A04145:body:0:p16
Version: federal_register_of_legislation:C2004A04145
Segment Type: other
Provision Reference: 
Character Range: 36740–39574

June 1989 that a person is entitled to rent assistance under that Act in respect of a period; and

  (b)    the period starts before 13 June 1989; and

  (c)     the period continued until at least 12 June 1989;

the person is to be taken, for the purposes of this clause, to have been receiving rent assistance under that Act immediately before 13 June 1989.

  (3) If:

    (a)     immediately before 13 June 1989, a person was receiving rent assistance under or because of the Veterans' Entitlements Act in respect of payments for board and lodging; and

    (b)     after that date, the person becomes entitled to be paid a social security pension, social security benefit or family allowance supplement under the 1947 Act or this Act; and

    (c)     subsection 30 (1) of the Social Security and Veterans' Affairs Legislation Amendment Act 1988 had not ceased to apply to the person until the person became entitled to that pension, benefit or allowance; and

SCHEDULE 1—continued

    (d) at all times since the person becomes entitled to that pension, benefit or allowance, the person:

         (i) has been receiving a social security pension, a social security benefit or family allowance supplement; and

      (ii) has been a boarder;

the amount of rent assistance included in the person's pension, benefit or allowance rate is not to fall below the person's floor amount.

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

    (a)     that amount were calculated, subject to paragraph (b), under the 1947 Act as in force immediately before 13 June 1989; and

  (b)    the 1947 Act as in force at that time were modified as follows:

         (i) the following paragraph applied instead of paragraph 36 (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 (1) (a)" were substituted for "$780" in paragraph 36 (3) (a);

         (iii) "rent, other than Government rent, at a rate exceeding $1,040" were substituted for "rent at a rate exceeding $780" in paragraph 50 (1) (a);

         (iv) the following paragraph applied instead of paragraph 50 (2) (b):

           "(b) the amount worked out using the formula:

              where:

              'ARP' is the annual rent paid or payable by the person;

              'RT' is the amount specified in paragraph (1) (a).";

         (v) "rent, other than Government rent, at a rate exceeding $20" were substituted for "rent at a rate exceeding $ 15" in paragraph 74 (2) (c);

         (vi) "the amount specified in paragraph (c)" were substituted for "$15" (last occurring) in subsection 74