Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p30
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 78646–81580

a relevant care situation".

3. Paragraph 5L(7)(d):

Omit, substitute:

"(d) if:

(i) the person is in a relevant care situation; and

       (ii) while paragraph (c) applies, the person's partner or non-illness separated spouse dies while in a relevant care situation; and

       (iii) the person's partner or non-illness separated spouse had been in a relevant care situation for less than 2 years;

    the period of 2 years beginning at the time when the person's partner or non-illness separated spouse started to be in a relevant care situation; and".

4. Subparagraph 5L(7)(e)(i):

Omit "residing in a nursing home", substitute "in a relevant care situation".

5. Subparagraph 5L(7)(e)(ii):

Omit "a resident of a nursing home", substitute "in a relevant care situation".

6. After subsection 5L(7):

Insert:

"(7A) In subsection (7):

in a relevant care situation means in a care situation or in residential care.".

SCHEDULE 4—continued

7. Application of amendments made by preceding items in this Schedule

Section 5L of the Veterans' Entitlements Act 1986 (as amended by the preceding items in this Schedule) extends to periods beginning before the commencement of this Schedule. However, the amendments made by those items do not affect a person's entitlement (or lack of entitlement) to an amount by way of rent assistance in relation to a time before the commencement of this item.

8. Subsection 5L(7):

Add at the end:

      "; and (f) any period of up to 2 years while the person is absent from the residence and is personally providing community-based care for another person.".

9. Application of amendment made by item 8

Paragraph 5L(7)(f) of the Veterans' Entitlements Act 1986 extends to periods that began when a person started personally to provide community-based care before the commencement of this Schedule. However, the amendment made by the last preceding item does not affect a person's entitlement (or lack of entitlement) to an amount by way of rent assistance in relation to a time before the commencement of this Schedule.

10. Subsection 5L(7) (Note):

Omit, substitute:

"Note: For in a care situation see subsection 5N(9); for in residential care see subsection 5NAA(2).".

_____________

SCHEDULE 5 Subsection 3(1)

AMENDMENT OF THE VETERANS' ENTITLEMENTS ACT 1986 TO PROVIDE FOR IMMEDIATE RENT ASSISTANCE FOR PEOPLE LEAVING HOME TO RECEIVE OR GIVE COMMUNITY-BASED CARE

1. Section 5 (Index):

Insert in their appropriate alphabetical position determined on a letter-by-letter basis:

"in a care situation 5N(9)

personally providing community-based care 5N(9)

receiving community-based care 5N(9)".

2. Subsection 5N(1) (paragraph (c) of definition of ineligible property owner):

Omit, substitute:

"(c) a person who:

       (i) is absent from the person's principal home, in relation to which the person is a property owner; and

       (ii) is in a care situation but is not residing