Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 13

13. (1) In this Act, unless the contrary intention appears:

"amount of rent paid or payable" has the meaning given by subsections (6) and
(7);

"board", when used in the expression "board and lodging", means the provision
of meals on a regular basis in connection with the provision of lodging;

"Government rent" means rent payable to any of the following authorities:

   (a)  The Housing Commission of New South Wales;

   (b)  the Director, within the meaning of the Housing Act 1983 of the State
        of Victoria;

   (c)  The Queensland Housing Commission;

   (d)  The Corporation of the Director of Aboriginal and Islanders
        Advancement established by a law of Queensland;

   (e)  the South Australian Housing Trust;

   (f)  The State Housing Commission established by a law of Western
        Australia;

   (g)  the Director-General of Housing and Construction holding office under
        a law of Tasmania;

   (h)  the Northern Territory Housing Commission;

   (j)  The Commissioner for Housing within the meaning of the Housing
        Assistance Act 1987 of the Australian Capital Territory;

"ineligible homeowner" means a homeowner other than:

   (a)  a person who is a homeowner by virtue of paragraph 11 (4) (c)
        (proceeds of sale of principal home disregarded for 12 months); or

   (b)  a person who:

   (i)  is a member of a couple; and

   (ii) is in approved respite care; and

   (iii) has remained, or in the Secretary's opinion is likely to remain, in
        approved respite care for at least14 consecutive days; or

   (c)  a person who is residing in a nursing home but is not residing in a
        retirement village; or

   (d)  a person who pays amounts for the use of a site for a caravan or other
        vehicle, or a structure, that is the person's principal home; or

   (e)  a person who pays amounts for the right to moor a vessel that is the
        person's principal home;
     Note: for "approved respite care" see subsection 4 (9),

for "retirement village" see subsections 12 (3) and (4), for "homeowner" see
subsection 11 (4) and for "principal home" see subsections 11 (5), (6) and
(7).

"rent" has the meaning given by subsections (2) and (4);

"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

   (ii) for services provided in a retirement village that is the person's
        principal home; or

   (iii) if the person is residing in a nursing home that is the person's
        principal home - for accommodation in the nursing home; 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 subsections 11 (5), (6) and (7).

(3) Subparagraphs (2) (a) (ii) to (vi) (inclusive) do not limit the generality
of subparagraph (2) (a) (i).

(4) Amounts are rent in relation to a person if:

   (a)  the person is a member of a couple; and

   (b)  the amounts are paid by the person, or the person's partner, for
        approved respite care for the person in a nursing home; and

   (c)  the person has remained, or is in the Secretary's opinion likely to
        remain, in the approved respite care for at least 14 consecutive days.
Note: for "approved respite care" see subsection 4 (9).

(5) If a law 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 who is residing in a nursing home pays, or is liable to pay,
        amounts for accommodation and other services in the nursing home; 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 a benevolent home or in premises at which accommodation is
        provided exclusively or principally for persons who have a mental
        disability; or

   (b)  residing in premises that are:

        (i)    an approved nursing home for the purposes of the National
               Health Act 1953 or the Nursing Homes Assistance Act 1974; or

        (ii)   an approved home for the purposes of the Aged or Disabled
               Persons Homes Act 1954; or

        (iii)  an approved hostel for the purposes of the Aged or Disabled
               Persons Hostels Act 1972; or

   (c)  a nursing-home type patient, within the meaning of the
        Health Insurance  Act 1973 , of a hospital; or

   (d)  residing in premises made available for the accommodation of the
        person by an approved organisation providing hostel care services or
        personal care services to the person for the purposes of Part III of
        the Aged or Disabled Persons Homes Act 1954.
Note: for "benevolent home" see subsection 23 (1).