Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p35
Version: federal_register_of_legislation:C2004A04993
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Character Range: 88875–91532

and other services in the care situation; and".

8. Section 13:

Add at the end:

"(9) For the purposes of this Act, unless the contrary intention appears, a person is in a care situation if:

   (a) the person is residing in a nursing home; or

   (b) the person needs and has been receiving a substantial level of care in a private residence for at least 14 consecutive days; or

   (c) in the Secretary's opinion, the person needs and is likely to receive, a substantial level of care in a private residence for at least 14 consecutive days.".

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SCHEDULE 8 Section 3

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO EXTEND DISREGARD OF HOMES OF PERSONS WHO ARE RECEIVING OR GIVING COMMUNITY-BASED CARE OR ARE IN RESIDENTIAL CARE

1. Paragraph 11(7)(b):

Omit the paragraph, substitute:

    "(b) if the person is in a care situation or residential care—the period of 2 years beginning when the person started to be in a care situation or residential care; and".

2. Subparagraph 11(7)(c)(i):

Omit "residing in a nursing home", substitute "in a care situation or residential care".

3. Paragraph 11(7)(d):

Omit the paragraph, substitute:

"(d) if:

(i) the person is in a care situation or residential care; and

(ii) the person's partner dies while in a care situation or residential care; and

(iii) the person's partner had been in a care situation or residential care for less than 2 years;

     the period of 2 years beginning at the time the person's partner started to be in a care situation or residential care; and".

4. Subparagraphs 11(7)(e)(i) and (ii):

Omit "residing in a nursing home", substitute "in a care situation or residential care".

5. Application of amendments made by items 1, 2, 3 and 4

Subsection 11(7) of the Social Security Act 1991 (as amended by items 1, 2, 3 and 4) extends to periods beginning before the commencement of this item. However, the amendments made by those items do not affect a person's entitlement (or lack of entitlement) to an amount by way of rent assistance in relation to a time before the commencement of this item.

SCHEDULE 8—continued

6. Subsection 11(7):

Add at the end:

      "; and (f) any period of up to 2 years while the person is absent from the residence and is personally providing a substantial level of care in another private residence for another person who needs, or in the Secretary's opinion is likely to need, that level of care in a private residence for at least 14 consecutive days.".

7. Application of amendment made by item 6

Paragraph 11(7)(f) of the Social Security Act 1991 extends to periods that began when a person started to provide a substantial