Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1988 No. 135, 1988 - SECT 18

18. (1) Where, immediately before 12 June 1989, a person was in receipt of
rent assistance under or because of the Social Security Act 1947 in respect of
payments for board and lodging, then, subject to this section, from that date,
the person shall be taken to be entitled to receive amounts by way of rent
assistance under that Act that are not less than the amounts that the person
would have received by way of rent assistance (having regard to any reductions
in the amounts being paid from time to time by the person for board and
lodging but disregarding any increases in those amounts) if none of the
prescribed amendments had been made.

(2) Where:

   (a)  immediately before 12 June 1989, a person was in receipt of rent
        assistance under or because of the Veterans' Entitlements Act 1986 in
        respect of payments for board and lodging;

   (b)  after that date, the person became entitled to be paid a relevant
        pension, benefit or allowance under the Social Security Act 1947; and

   (c)  subsection 30 (1) had not ceased to apply to that person until the
        person became entitled as mentioned in paragraph (b); then, subject to
        this section, from the day when the person became entitled as
        mentioned in paragraph (b), the person shall be taken to be entitled
        to receive amounts by way of rent assistance under the Social Security
        Act 1947 that are not less than the amounts (if any) that the person
        would have received by way of rent assistance (having regard to any
        reductions in the amounts being paid from time to time by the person
        for board and lodging but disregarding any increases in those amounts)
        if none of the prescribed amendments had been made.

(3) Subsection (1) or (2) ceases to apply to a person:

   (a)  when the person ceases to be entitled to any relevant pension, benefit
        or allowance under the Social Security Act 1947;

   (b)  when the person ceases to be a boarder; or

   (c)  when the amount of rent assistance that the person would be entitled
        to receive because of that subsection is less than or equal to the
        amount of rent assistance that the person is entitled to receive under
        the provisions of the Social Security Act 1947 as in force after 12
        June 1989; and neither subsection (1) nor subsection (2) again applies
        to a person after it has ceased to apply to the person because of this
        subsection.

(4) In this section, references to payments for board and lodging include
references to payments for accommodation and other services provided to a
person who is residing in a nursing home.

(5) In this section:

"boarder" means a person who ordinarily lives on premises where the person is
provided with board and lodging;

"prescribed amendments" means:

   (a)  any amendments of section 36 of the Social Security Act 1947 made on
        or after 12 June 1989, except the ones made by paragraphs 13 (1) (b)
        and (c) of this Act;

   (b)  any amendments of section 50 of the Social Security Act 1947 made on
        or after 12 June 1989, except the ones made by paragraphs 14 (1) (b)
        and (d) of this Act;

   (c)  any amendments of subsection 74 (2) of the Social Security Act 1947
        made on or after 12 June 1989, except the ones made by paragraphs 15
        (1) (c) and (e) of this Act; and

   (d)  any amendments of section 120 of the Social Security Act 1947 made on
        or after 12 June 1989, except the ones made by paragraphs 16 (1) (a),
        (d), (g) and (k) of this Act;

"relevant pension, benefit or allowance" means a pension, benefit or allowance
under the Social Security Act 1947 that may include, or be increased by, an
amount by way of rent assistance;

"rent assistance" means an increase in the amount, maximum amount or rate of a
pension, benefit or allowance under the Social Security Act 1947, being an
increase under or because of any of the following provisions of that Act:

   (a)  section 36;

   (b)  section 50;

   (c)  subsection 74 (2);

   (d)  subsections 120 (5) and (7). Commencement: 12 June 1989