Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p27
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 71432–73979

should apply to the person;

the Commission may determine in writing that subclause (1) or (3) is to apply to the person from a stated date.

"(7) Subject to subclauses (11) and (13), if:

    (a) subclause (1) or (3) applies to a person; and

    (b) the person has become or becomes a member of a couple; and

    (c) the person's partner is receiving a pension, or a social security payment under the Social Security Act, but:

       (i) is not a person to whom subclause (1) or (3) applies; and

      (ii) is not a person to whom clause 63 of Schedule 1A to the Social Security Act applies;

the amount by way of rent assistance to be used to calculate the person's pension rate or the person's partner's pension rate is not to fall below one-half of the person's floor amount.

"(8) Subject to subclause (11), if:

    (a) subclause (1) or (3) applies to a person; and

SCHEDULE 2—continued

    (b) the person has become or becomes a member of a couple; and

(c) the person's partner is a person to whom subclause (1) or (3) applies; the amount by way of rent assistance to be used to calculate the person's pension rate or the person's partner's pension rate is not to fall below one-half of the person's floor amount or one-half of the person's partner's floor amount, whichever is the greater.

"(9) Subject to subclause (11), if:

    (a) subclause (1) or (3) applies to a person; and

    (b) the person has become or becomes a member of a couple; and

    (c) the person's partner is a person to whom clause 63 of Schedule 1A to the Social Security Act applies;

the amount by way of rent assistance to be used to calculate the person's pension rate is not to fall below one-half of the person's floor amount or one-half of the amount that would be the person's partner's floor amount if subsection (1) or (3) applied to the partner, whichever is the greater.

"(10) Subject to subclause (11), if:

    (a) a person is receiving a pension; and

    (b) neither subclause (1) nor (3) applies to the person; and

    (c) the person has become or becomes a member of a couple; and

    (d) the person's partner is receiving a social security payment under the Social Security Act and is a person to whom clause 63 of Schedule 1A to the Social Security Act applies;

the amount by way of rent assistance to be used to calculate the person's pension rate is not to fall below one-half of the amount that would be the person's partner's floor amount if subclause (1) or (3) applied to the partner.

"(11) Despite anything in the preceding