Section 28 — Social Security Act 1991: Rent assistance—retirement village residents (changes introduced on 13 June 1989)

(1) If: (a) immediately before 3 November 1988: (i) a person was receiving a social security pension, social security benefit or family allowance supplement; and (ii) the person’s pension, benefit or allowance rate included an amount by way of rent assistance under the 1947 Act; and (b) at all times since 3 November 1988: (i) the person has been entitled to a social security pension, social security benefit or family allowance supplement; and (ii) the person’s principal home has been in a retirement village; the person is to be taken not to be an ineligible homeowner or excluded homeowner for the purposes of this Act. (2) If: (a) immediately after 13 June 1989: (i) a person was receiving a service pension; and (ii) the person’s pension rate included an amount by way of rent assistance because of the operation of subsection 31(1) of the Social Security and Veterans’ Affairs Legislation Amendment Act 1988; and (b) after 13 June 1989, the person began to receive a social security pension, social security benefit or family allowance supplement under the 1947 Act or this Act; and (c) subsection 31(1) of the Social Security and Veterans’ Affairs Legislation Amendment Act 1988 applied to the person at all times between 13 June 1989 and the person’s commencing to receive the social security pension, social security benefit or family allowance supplement or would have applied to the person at all those times if the subsection had not been repealed; and (d) at all times since the person commenced to receive the social security pension, social security benefit or family allowance supplement: (i) the person has continued to receive a social security pension, social security benefit or family allowance supplement; and (ii) the person’s principal home has continued to be in the retirement village; the person is to be taken not to be an ineligible homeowner or excluded homeowner for the purposes of this Act. (3) If subclause (1) or (2) ceases to apply to the person, that subclause does not apply to the person again. (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 under this Act as previously in force; (ca) family allowance; (d) non-benefit parenting allowance; (e) child disability allowance; (ea) carer allowance; (f) double orphan pension; (g) mobility allowance; (h) youth training allowance. (5) Subclause (4) does not apply if: (a) the person is entitled to rent assistance because of subclause (1) or (2); and (b) the amount of rent assistance payable 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.