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—$3,073.30 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—$4,547.90 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—$3,073.30 per year; or (iv) if the individual is a member of a temporarily separated couple—$3,073.30 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—$2,332.35 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—$3,806.95 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—$2,332.35 per year; or (iv) if the individual is a member of a temporarily separated couple—$2,332.35 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.