Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1988 No. 135, 1988 - SECT 30

30. (1) Where, 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, 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 section 55 of
that Act had not been amended on or after 12 June 1989 except by paragraphs 29
(1) (b) and (c) of this Act.

(2) Where:

   (a)  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;

   (b)  after that date, the person became entitled to be paid a pension under
        Part III of the Veterans' Entitlements Act 1986; and

   (c)  subsection 18 (1) of this Act 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
        Veterans' Entitlements Act 1986 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 section 55 of that Act had not been amended on or
        after 12 June 1989 except by paragraphs 29 (1) (b) and (c) of this
        Act.

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

   (a)  when the person ceases to be entitled to be paid any pension under
        Part III of the Veterans' Entitlements Act 1986;

   (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 Veterans' Entitlements Act 1986 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. Commencement: 12 June 1989