Document ID: chunk:federal_register_of_legislation:C2025C00162:section:13:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 13 (pt 2/5)
Character Range: 223144–225659

residing in a nursing home has the meaning given by subsection (8).
 (2) Amounts are rent in relation to the person if:
 (a) the amounts are payable by the person:
 (i) as a condition of occupancy of premises, or of a part of premises, occupied by the person as the person's principal home; or
 (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
 (ii) for services provided in a retirement village that is the person's principal home; or
 (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 11A(8) or (9)—for accommodation in the place where the person receives care; or
 (iv) for lodging in premises that are the person's principal home; or
 (v) for the use of a site for:
 (A) a caravan or other vehicle; or
 (B) a structure;
  occupied by the person as the person's principal home; or
 (vi) for the right to moor a vessel that is occupied by the person as the person's principal home; and
 (b) either:
 (i) the amounts are payable every 3 months or more frequently; or
 (ii) the amounts are payable at regular intervals (greater than 3 months) and the Secretary is satisfied that the amounts should be treated as rent for the purposes of this Act.
Note: For retirement village see subsections 12(3) and (4) and for principal home see section 11A.
 (2A) If:
 (a) youth allowance is payable to a person; and
 (b) the person is not independent (see section 1067A) and is required to live away from home (see section 1067D); and
 (c) the person is attending boarding school while living away from home;
then, for the purposes of subsection (2):
 (d) the boarding school is taken to be the person's principal home while the person is attending the school; and
 (e) any fees charged for attending the boarding school are taken to be payable by the person.
 (3) Subparagraphs (2)(a)(ii) to (vi) (inclusive) do not limit the generality of subparagraph (2)(a)(i).
 (3AA) To avoid doubt, an amount that is paid or becomes payable by a person is not rent in relation to the person (either at the time when it is paid or becomes payable or at any later time) if the amount is, or forms part of, a