Document ID: chunk:federal_register_of_legislation:C2025C00143:section:2:p5
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 2 (pt 5/8)
Character Range: 169061–171812

resident and post‑September 2009 resident

Pre‑September 2009 resident
 (1) A person is a pre‑September 2009 resident if:
 (a) the person is being provided with residential care through a residential care service; and
 (b) either:
 (i) the person *entered a residential care service before 20 September 2009; or
 (ii) the person was on *pre‑entry leave from a residential care service immediately before 20 September 2009 and the person entered the residential care service on or after 20 September 2009 at the end of that pre‑entry leave; and
 (c) the person has not had a break in residential care of more than 28 days between:
 (i) the last residential care service through which residential care was provided, or taken to be provided, to the person before 20 September 2009 and the next residential care service through which residential care is provided, or taken to be provided, to the person; and
 (ii) any residential care service through which residential care is provided, or taken to be provided, to the person on or after 20 September 2009 and the next residential care service through which residential care is provided, or taken to be provided, to the person.

Post‑September 2009 resident
 (2) A person is a post‑September 2009 resident if:
 (a) the person is being provided with residential care through a residential care service; and
 (b) the person is not a *pre‑September 2009 resident.

Break in residential care
 (3) For the purposes of subsection (1), the period:
 (a) beginning on the day on which a person ceases to be provided with residential care through a residential care service (other than because the person is on *leave from the residential care service); and
 (b) ending on the day on which the person *enters, or begins *pre‑entry leave, with the next residential care service through which residential care is provided, or taken to be provided, to the person;
is a break in residential care for the person.

Person not provided with residential care while on respite leave
 (4) For the purposes of subsections (1), (2) and (3), a person is not provided, or taken to be provided, with residential care during any period during which the person is being provided with *respite care.

58‑3B  Standard resident contribution—protected residents

Meaning of protected resident
 (1) A care recipient is a protected resident if:
 (a) the care recipient is a *pre‑September 2009 resident; and
 (b) the care recipient is not a *pre‑2008 reform resident to whom section 58‑3C applies; and
 (c) on 19 September 2009, the care recipient was not receiving an *income support payment.
 (2) A care recipient is also a protected resident if:
 (a) the care recipient is a *pre‑September 2009 resident; and
 (b) the care recipient is