Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p34
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 86314–89097

relation to which the person is a homeowner; and

       (ii) 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; and

       (iii) has been absent from the principal home for less than 2 years while providing care as described in subparagraph (ii); or

(c) a person who is in a care situation but is not residing in a retirement village; or".

3. Subsection 13(1) (Note after definition of ineligible homeowner):

After "subsection 4(9)," insert "for in a care situation see subsection 13(9),".

4. After subparagraph 13(2)(a)(i):

Insert:

     "(ia) as a condition of occupancy of premises, or of a part of premises, occupied by the person to allow him or her to provide personally a substantial level of care in a 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; or".

5. Subparagraph 13(2)(a)(iii):

Omit the subparagraph, substitute:

SCHEDULE 7—continued

       "(iii) if the person is in a care situation and the place where the person receives the care is the person's principal home or would be the person's principal home apart from subsection 11(7)—for accommodation in the place where the person receives care; or".

6. After subsection 13(3):

Insert:

"(3A) If a person is in a care situation and the person's principal home is not the place where the person receives the care, the person's rent may be an amount described in any of the subparagraphs of paragraph 13(2)(a) that applies to the person but cannot include amounts described in different subparagraphs of paragraph 13(2)(a).

    Note: Under subsection 11(7), the principal home of a person in a care situation may be a place other than the place where the person receives care.

"(3B) If an amount described in subparagraph 13(2)(a)(ia) and an amount described in another subparagraph of paragraph 13(2)(a) are payable by a person, the person's rent may be an amount described in either of those subparagraphs but cannot include amounts described in different subparagraphs.

    Note: Under subsection 11(7), premises occupied by a person as described in subparagraph 13(2)(a)(ia) may not be the person's principal home.".

7. Paragraph 13(7)(a):

Omit the paragraph, substitute:

    "(a) a person in a care situation pays, or is liable to pay, amounts for accommodation 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