Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p22
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 53202–55931

the person would be entitled to because of that subclause is less than, or equal to, the amount of rent assistance that the person is entitled to under this Act apart from this clause.".

4. Subclause 27(6) of Schedule 1A:

Omit "(2)", substitute "(3)".

SCHEDULE 5—continued

5. Subclause 28(2) of Schedule 1A:

Omit "property owner", substitute "homeowner".

6. Subclause 28(3) of Schedule 1A:

Omit "subsection", substitute "subclause".

7. Clause 28 of Schedule 1A:

Add at the end:

"(4) If a person is entitled to rent assistance because of subclause (1) or (2) , any amount that would (apart from this subclause) be payable to the person by way of rent assistance is to be reduced by the sum of the increases in the amount of the maximum fortnightly rate of any of the following payments to the person after 19 March 1996 (whether or not the type or amount of payment payable to the person varies after that day because the person's circumstances change):

(a) a social security benefit;

(b) a social security pension;

(c) family payment;

(d) non-benefit parenting allowance;

(e) child disability allowance;

(f) double orphan pension;

(g) mobility allowance;

(h) youth training allowance.

"(5) Subclause (4) does not apply if the person is entitled to rent assistance because of subclause (1) or (2) and the amount payable by way of rent assistance is worked out under clause 63.

"(6) This clause ceases to apply (and cannot re-apply later) to a person if, as a result of the reduction required by subclause (4), no amount would be payable to the person by way of rent assistance.".

8. After subclause 63(3) of Schedule 1A:

Insert:

"(3A) Subject to subclauses (7), (8) and (9), if this clause applies to a person, the amount by way of rent assistance to be used to calculate the person's pension, benefit or payment rate is the amount (the floor amount) worked out using the formula:

where:

SCHEDULE 5—continued

preserved rent assistance is the amount worked out under subclause (4);

post-1995 increase is the sum of the increases in the amount of the maximum fortnightly rate of any of the following payments to the person after 19 March 1996 or the later day (the application day) this clause first applied to the person (whether or not the type or amount of payment payable to the person varies after 19 March 1996 or the application day because the person's circumstances change):

(a) a social security benefit;

(b) a social security pension;

(c) family payment;

(d) non-benefit parenting allowance;

(e) child disability allowance;

(f) double orphan pension;

(g) mobility allowance;

(h) youth training allowance.".

9. Subclause 63(4) of Schedule 1A:

Omit "Subject to subclauses (7), (8) and