Document ID: chunk:federal_register_of_legislation:C2025C00162:section:11a:p3
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 11A (pt 3/6)
Character Range: 206717–209337

person's principal home during:
 (a) if the Secretary 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—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 7B of the Aged Care Quality and Safety Commission Act 2018 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
Note 1: For rent, see subsection 13(2).
Note 2: A person can be liable to pay an accommodation charge only if certain conditions are met: see Division 57A of the Aged Care (Transitional Provisions) Act 1997.
 (b) if the Secretary 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—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 7B of the Aged Care Quality and Safety Commission Act 2018 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
 (ba) if the Secretary 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—any period during which:
 (i) the person is liable to pay all or some of a daily accommodation payment or a daily accommodation contribution (or would be so liable to do so, assuming that no sanctions under Part 7B of the Aged Care Quality and Safety Commission Act 2018 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), (b) or (ba), the principal home of the person's partner.
Note: This subsection is not meant to imply that a person may have more than one principal home at the same time.
 (8A) Subsection (8) does not apply in relation to a person who first enters a residential care service or a flexible care service on or after the commencement of this subsection.
 (8B) Subsection (8) does not apply, and never again applies, in relation to a person if:
 (a) the