The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.R.270 Retirement village

Usage

This definition applies to all payments subject to assets testing provisions.

Definition

Please refer to the definition of this term in the SSAct.

Act reference: SSAct section 12 Retirement villages definitions

Policy reference: SS Guide 4.6.4.30 Assessing Retirement Villages

Residential premises as retirement villages

The Chief Executive Officer of Services Australia, or his/her delegate CAN decide that residential premises that have similar functions to retirement villages are to be treated as IF they WERE retirement villages. Retirement villages are residential premises that provide accommodation primarily for persons who are at least 55 years old. The premises consist of self-care units, serviced units and/or hostel units and have communal facilities for use by occupants.

In determining whether residential premises have similar functions to a retirement village, the decision maker should take into account the factors set out below:

  • The age of the residents - does the residence primarily cater for people who are at least 55 years as in a retirement village?
  • The nature of the accommodation provided - is the accommodation self-care units and/or serviced units as in a retirement village, or do they consist of some other form of accommodation?
  • Do the units have communal facilities, as in a retirement village, or does the accommodation have self-contained facilities?
  • The obligations of the residents - for example, are the residents required to comply with communal regulations similar to those in a retirement village? AND
  • The contractual agreement actually entered into by the resident - for example, does the contract suggest that the residential premises are for people primarily over 55, advise the nature of the accommodation provided, impose communal obligations on the resident?

Act reference: SSAct section 12(3A) For the purposes of paragraph (3)(b), if accommodation …

Supported residential service facilities (1.1.S.435)

Supported residential service accommodation may be considered to be a retirement village where it meets the definition of a retirement village as set out above.

Residential aged care (1.1.R.220)

Some retirement villages also contain government funded aged care accommodation. A person who enters approved residential aged care is assessed under the care situation provisions.

Policy reference: SS Guide 1.1.A.110 Aged care (residential), 1.1.C.25 Care situations

Last reviewed: