Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT (FURTHER BUDGET AND OTHER MEASURES) ACT 1996 No. 83, 1996 - SCHEDULE 2

Schedule 2-Single persons sharing accommodation
Social Security Act 1991 1 Section 3 (index) Insert:
  single person sharing accommodation          5A
2 After section 5 Insert: 5A Single person sharing accommodation

(1) For the purposes of this Act, a person is to be treated as a single person
sharing accommodation if the person:

   (a)  is not a member of a couple; and

   (b)  has no dependent children; and

   (c)  has, in common with one or more other people, the right to use at
        least one major area of accommodation.

(2) A person is not to be treated as a single person sharing accommodation if
the person:

   (a)  pays, or is liable to pay, amounts for the person's board and lodging;
        or

   (b)  is the recipient of a disability support pension or a carer pension;
        or

   (c)  is residing in a nursing home.

(3) A person who has the exclusive right to use a bathroom, a kitchen and a
bedroom is not to be treated as a single person sharing accommodation solely
because the person has the right, in common with one or more other people, to
use other major areas of accommodation.

(4) A person is not to be treated as a single person sharing accommodation
solely because the person shares accommodation with one or more recipient
children of the person.

(5) If:

   (a)  a person lives alone in a caravan or mobile home, or on board a
        vessel; or

   (b)  a person shares accommodation in a caravan, mobile home or vessel
        solely with one or more recipient children of the person; the person
        is not to be treated as a single person sharing accommodation solely
        because the person has the right, in common with one or more other
        people, to use one or more major areas of accommodation in a caravan
        park or marina.

(6) In this section:
major area of accommodation means any of the following, whether identifiably
separate from other areas of accommodation or not:

   (a)  a bathroom;

   (b)  a kitchen;

   (c)  a bedroom.
recipient child means a child who receives any of the following, but who does
not receive any amount by way of rent assistance:

   (a)  a social security payment;

   (b)  an AUSTUDY allowance;

   (c)  a payment under the ABSTUDY Schooling scheme or the ABSTUDY Tertiary
        scheme;

   (d)  a service pension;

   (e)  a youth training allowance. 3 Point 1064-D5 Omit "The person's maximum
        rent assistance rate is Rate B for the person worked out using column
        4 of the Table.", substitute: If the person is not a single person
        sharing accommodation, the person's maximum rent assistance rate is
        Rate B for the person worked out using column 4 of the Table. If the
        person is a single person sharing accommodation, the person's maximum
        rent assistance rate is two-thirds of the rate that would otherwise
        have been Rate B for the person. 4 Point 1064-D5 (after note 2)
        Insert: Note 2A: For single person sharing accommodation see section
        5A. 5 Point 1066-D4 Omit "The person's maximum rent assistance rate is
        Rate B for the person worked out using column 2 of the Table.",
        substitute: If the person is not a single person sharing
        accommodation, the person's maximum rent assistance rate is Rate B
        worked out using column 2 of the Table. If the person is a single
        person sharing accommodation, the person's maximum rent assistance
        rate is two-thirds of Rate B. 6 Point 1066-D4 (before note 2) Insert:
        Note 1: For single person sharing accommodation see section 5A. 7
        Point 1066A-EA12 Omit "The person's maximum rent assistance rate is
        Rate B for the person worked out using column 4 of the Table.",
        substitute: If the person is not a single person sharing
        accommodation, the person's maximum rent assistance rate is Rate B for
        the person worked out using column 4 of the Table. If the person is a
        single person sharing accommodation, the person's maximum rent
        assistance rate is two-thirds of the rate that would otherwise have
        been Rate B for the person. 8 Point 1066A-EA12 (after note 3) Insert:
        Note 3A: For single person sharing accommodation see section 5A. 9
        Point 1066A-EB13 Omit "The person's maximum rent assistance rate is
        Rate B for the person worked out using column 4 of the Table.",
        substitute: If the person is not a single person sharing
        accommodation, the person's maximum rent assistance rate is Rate B for
        the person worked out using column 4 of the Table. If the person is a
        single person sharing accommodation, the person's maximum rent
        assistance rate is two-thirds of the rate that would otherwise have
        been Rate B for the person. 10 Point 1066A-EB13 (after note 4) Insert:
        Note 4A: For single person sharing accommodation see section 5A. 11
        Point 1067-F13 Omit "The person's maximum rent assistance rate is Rate
        B for the person worked out using column 4 of the Table.", substitute:
        If the person is not a single person sharing accommodation, the
        person's maximum rent assistance rate is Rate B for the person worked
        out using column 4 of the Table. If the person is a single person
        sharing accommodation, the person's maximum rent assistance rate is
        two-thirds of the rate that would otherwise have been Rate B for the
        person. 12 Point 1067-F13 (after note 1A) Insert: Note 1B: For single
        person sharing accommodation see section 5A. 13 Point 1067E-D6 Omit
        "The person's maximum rent assistance rate is Rate B for the person
        worked out using column 4 of the Table.", substitute: If the person is
        not a single person sharing accommodation, the person's maximum rent
        assistance rate is Rate B for the person worked out using column 4 of
        the Table. If the person is a single person sharing accommodation, the
        person's maximum rent assistance rate is two-thirds of the rate that
        would otherwise have been Rate B for the person. 14 Point 1067E-D6
        (after note 1) Insert: Note 1A: For single person sharing
        accommodation see section 5A. 15 Point 1068-F15 Omit "The person's
        maximum rent assistance rate is Rate B for the person worked out using
        column 4 of the Table.", substitute: If the person is not a single
        person sharing accommodation, the person's maximum rent assistance
        rate is Rate B for the person worked out using column 4 of the Table.
        If the person is a single person sharing accommodation, the person's
        maximum rent assistance rate is two-thirds of the rate that would
        otherwise have been Rate B for the person. 16 Point 1068-F15 (after
        note 1) Insert: Note 1A: For single person sharing accommodation see
        section 5A. Student and Youth Assistance Act 1973 17 Point D6 of Part
        2 of Schedule 1 Omit "The person's maximum rent assistance rate is
        Rate B for the person worked out using column 4 of the Table.",
        substitute: If the person is not a single person sharing
        accommodation, the person's maximum rent assistance rate is Rate B for
        the person worked out using column 4 of the Table. If the person is a
        single person sharing accommodation, the person's maximum rent
        assistance rate is two-thirds of the rate that would otherwise have
        been Rate B for the person. 18 Point D6 of Part 2 of Schedule 1 (after
        note 1) Insert: Note 1A: For single person sharing accommodation see
        section 5A of the Social Security Act.