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SOCIAL SECURITY ACT 1991 - SECT 12

Retirement villages definitions

             (1)  In this Act:

"member of an ordinary couple with different principal homes" has the meaning given by subsection (2).

"retirement village" has the meaning given by subsections (3) and (4).

"retirement village resident" has the meaning given by subsection (5).

             (2)  A person is a member of an ordinary couple with different principal homes if:

                     (a)  the person is a member of a couple; and

                     (b)  the person does not share the person's principal home with the person's partner; and

                     (c)  the person is not a member of an illness separated couple.

             (3)  Premises constitute a retirement village for the purposes of this Act if:

                     (a)  the premises are residential premises; and

                     (b)  accommodation in the premises is primarily intended for persons who are at least 55 years old; and

                     (c)  the premises consist of:

                              (i)  one or more of the following kinds of accommodation:

                                        (A)  self-care units;

                                        (B)  serviced units;

                                        (C)  hostel units; and

                             (ii)  communal facilities for use by occupants of the units referred to in subparagraph (i).

          (3A)  For the purposes of paragraph (3)(b), if accommodation in premises is primarily intended for persons who are a certain age that is more than 55 years, the accommodation in those premises is taken to be primarily intended for persons who are at least 55 years old.

             (4)  Residential premises are also to be taken to constitute a retirement village for the purposes of this Act if the Secretary is satisfied that the residential premises have similar functions to those referred to in subsection (3).

             (5)  A person is a retirement village resident if the person's principal home is in a retirement village.

Note:          Subsection (3A) was inserted as a response to the decision of the Federal Court in Repatriation Commission v Clarke (unreported, VG73 of 1991).



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