Document ID: chunk:federal_register_of_legislation:C2025C00162:section:13:p4
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 13 (pt 4/5)
Character Range: 227801–230259

of a State, the Northern Territory or the Australian Capital Territory alters the name of an authority referred to in the definition of Government rent in subsection (1), a reference to that authority in that definition is to be construed as a reference to the authority under the new name.

Board and lodging
 (6) Where:
 (a) a person pays, or is liable to pay, amounts for board and lodging; and
 (b) it is not possible to work out the part of each of those amounts that is paid or payable for lodging;
the amount of rent paid or payable by the person is, for the purposes of this Act, to be taken to be two‑thirds of the amounts paid or payable as mentioned in paragraph (a).

Nursing homes
 (7) Where:
 (a) a person in a care situation pays, or is liable to pay, amounts for accommodation and other services in the care situation; and
 (b) it is not possible to work out the part of each of those amounts that is paid or payable in respect of accommodation;
the amount of rent paid or payable by the person is, for the purposes of this Act, to be taken to be two‑thirds of the amounts paid or payable as mentioned in paragraph (a).
 (8) Unless the contrary intention appears, a reference in this Act to a person residing in a nursing home is a reference to a person who is:
 (a) residing in premises at which accommodation is provided exclusively or principally for persons who have a mental disability; or
 (c) a nursing‑home type patient, within the meaning of the Health Insurance Act 1973, of a hospital.
 (8A) Subject to subsections (8B) and (8C), a person is an aged care resident for the purposes of this Act if:
 (a) the person is in residential care; and
 (b) an approval for residential care or flexible care under Part 2.3 of the Aged Care Act 1997 is in force in respect of the person.
 (8B) Without limiting subsection (8A), a person is taken not to be an aged care resident if:
 (a) the person is in approved respite care, and has been in approved respite care for a continuous period of 52 days or less; and
 (b) immediately before the person became a person in approved respite care, the person was receiving rent assistance.
 (8C) The Secretary may determine, for the purposes of subsection (8A), that a person is taken not to be an aged care resident on a day that occurs:
 (a) after the person in fact became an aged care resident; and
 (b) before the day occurring 15 days after the person in fact became an aged care resident;
if the