Victorian Current Acts

DISABILITY ACT 2006 - SECT 72A

    (1)     VCAT must dismiss an application under section 71 if the proposed charge—

        (a)     does not exceed the relevant prescribed amount referred to in section 72(3) ; and

        (b)     does not exceed the amount determined in accordance with the relevant formula.

    (2)     For the purposes of subsection (1)(b), the relevant formula is—

        (a)     if the previous charge was a charge based on DSP only and the proposed charge is a charge based on CRA and DSP—

(PC × (D ₁ ÷ D ₂ )) + C

where—

        PC     is the previous charge;

        D ₁     is the maximum DSP on the day on which the notice is issued;

        D ₂     is the maximum DSP on the previous charge day;

        C     is the maximum CRA on the day on which the notice is issued multiplied by 26; or

        (b)     if the previous charge was a charge based on CRA and DSP and the proposed charge is a charge based on CRA and DSP—

((PC − C ₁ ) × (D ₁ ÷ D ₂ )) + C ₂

where—

        PC     is the previous charge;

        C ₁     is the amount that was—

              (i)     included in the previous charge; and

              (ii)     determined on the basis of the whole or any part of Commonwealth rent assistance;

        D ₁     is the maximum DSP on the day on which the notice is issued;

        D ₂     is the maximum DSP on the previous charge day;

        C ₂     is the maximum CRA on the day on which the notice is issued multiplied by 26; or

        (c)     in any other case—

PC × (D ₁ ÷ D ₂ )

where—

        PC     is the previous charge;

        D ₁     is the maximum DSP on the day on which the notice is issued;

        D ₂     is the maximum DSP on the previous charge day.

    (3)     In determining whether to dismiss the application under this section, VCAT must not have regard to the matters referred to in section 72(2).

    (4)     In this section—

"charge based on CRA and DSP" means a residential charge—

        (a)     determined on the basis of—

              (i)     the whole or any part of Commonwealth rent assistance; and

              (ii)     the whole or any part of the Commonwealth disability support pension; and

        (b)     charged to a resident who receives Commonwealth rent assistance;

"charge based on DSP" only means a residential charge—

        (a)     determined on the basis of the whole or any part of the Commonwealth disability support pension and not on the basis of the whole or any part of Commonwealth rent assistance; and

        (b)     charged to a resident who does not receive Commonwealth rent assistance;

"Commonwealth disability support pension" means an amount determined in accordance with Part 2.3 of the Social Security Act 1991 of the Commonwealth;

"Commonwealth rent assistance" means an amount determined in accordance with Part 3.7 of the Social Security Act 1991 of the Commonwealth;

"maximum CRA" means, in relation to a day, the maximum rent assistance, within the meaning of section 1070L of the Social Security Act 1991 of the Commonwealth as in force on that day, that applies to a person who is, within the meaning of that Act—

        (a)     not a member of a couple; and

        (b)     not a single person sharing accommodation;

"maximum DSP" means, in relation to a day, the maximum basic rate, within the meaning of point 1064-B1 of the Social Security Act 1991 of the Commonwealth as in force on that day, that applies to a person who is not a member of a couple (within the meaning of that Act);

"previous charge" means the residential charge, as an annual amount, that a notice under section 66 proposes to increase;

"previous charge day" means the day on which the residential charge was set at, or increased to, the previous charge;

"proposed charge" means the residential charge, as an annual amount, that would result from the residential charge being increased as proposed by a notice under section 66.