38CEligibility for rent assistance

#### 38C Eligibility for rent assistance (1) An amount by way of rent assistance for a period is to be added in working out an individual’s maximum rate if: (a) the individual has at least one rent assistance child; and (b) the individual’s claim for family tax benefit is not a claim to which subclause (2) applies; and (ba) neither the individual nor the individual’s partner is receiving payments of incentive allowance under clause 36 of Schedule 1A to the Social Security Act 1991; and (c) the individual is not an ineligible homeowner; and (d) the individual is not an aged care resident; and (e) the individual pays, or is liable to pay, rent (other than Government rent); and (f) if the individual has at least one FTB child and is not a relevant shared carer—the rent is payable at a rate of more than: (i) if the individual is not a member of a couple—$5,000.50 per year; or (ii) if the individual is a member of a couple but is not partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple—$7,391.25 per year; or (iii) if the individual is partnered (partner in gaol) or is a member of an illness separated couple or a respite care couple—$5,000.50 per year; or (iv) if the individual is a member of a temporarily separated couple—$5,000.50 per year; and (fa) if the individual is a relevant shared carer, or has only one or more regular care children (but no FTB children)—the rent is payable at a rate of more than: (i) if the individual is not a member of a couple—$3,803.30 per year; or (ii) if the individual is a member of a couple but is not partnered (partner in gaol) or a member of an illness separated couple, a respite care couple or a temporarily separated couple—$6,186.75 per year; or (iii) if the individual is partnered (partner in gaol) or is a member of an illness separated couple or a respite care couple—$3,803.30 per year; or (iv) if the individual is a member of a temporarily separated couple—$3,803.30 per year; and (g) if the individual is outside Australia: (i) the person was paying rent (other than Government rent) for accommodation in Australia immediately before the individual left Australia; and (ii) the person continues to pay rent for the same accommodation while outside Australia. (2) This subclause applies to an individual’s claim for family tax benefit if: (a) the claim is for family tax benefit for a past period that occurs in the first or second income year before the one in which the claim is made; and (b) when the claim is made the individual: (i) is eligible for family tax benefit; and (ii) is not prevented by section 9 of the A New Tax System (Family Assistance) (Administration) Act 1999 from making an effective claim for payment of family tax benefit by instalment; and (c) the claim is not accompanied by a claim for family tax benefit by instalment. (3) Paragraph (2)(c) does not apply if, at the time the claim for payment of family tax benefit for a past period is made, subsection 32AE(2) of the Family Assistance Administration Act applies in respect of the individual or subsection 32AE(5) of that Act applies in respect of the individual’s partner.