Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p24
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 58332–61103

the meaning given by subsection (5).

residential care charge has the meaning given by subsection (2).

residential care charge paid or payable has a meaning affected by subsection (4).

SCHEDULE 6—continued

Residential care charge

"(2) Amounts payable for accommodation of a person in residential care are 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 Secretary is satisfied that the amounts should be treated as residential care charge for the purposes of this Act.

Amounts that are not residential care charge

"(3) Despite subsection (2), the following amounts are not residential

care charge:

    (a) amounts payable under a scheme established by a law of the Commonwealth, or of a State or Territory, to pay all or part of the costs of persons in residential care;

    (b) amounts payable for residential care of the person in residential care as compensation for an injury suffered by that person.

Note: For in residential care see subsection 13A(5).

Proportion of total charge that is residential care charge

"(4) For the purposes of this Act, if:

    (a) amounts are payable for accommodation and other services for a person who is in residential care; 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 payable for the person is taken to be two-thirds of each of the amounts mentioned in paragraph (a).

Note: For in residential care see subsection 13A(5).

When a person is in residential care

"(5) For the purposes of this Act, a person is in residential care if the person:

(a) is residing in premises that are:

       (i) an approved nursing home for the purposes of the National Health Act 1953 or the Nursing Homes Assistance Act 1974; or

     (ii) an approved home for the purposes of the Aged or Disabled Persons Care Act 1954; or

(iii) an approved hostel for the purposes of the Aged or Disabled Persons Hostels Act 1972; or

SCHEDULE 6—continued

      (iv) made available for the accommodation of the person by an approved organisation providing hostel care services or personal care services to the person for the purposes of Part III of the Aged or Disabled Persons Care Act 1954; and

    (b) has resided, or in the Secretary's opinion is likely to reside, in premises described in paragraph (a) for at least 14 consecutive days.".

6. Subsection 664A(4) (paragraph (b) of definition of threshold amount):

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

7. Subsection 664C(4) (paragraph (b) of definition of threshold amount):

After "rent assistance" insert