Cap. 318 Art. 93Residents of state financed residential service.

(1) Subject to the provisions of this Act, where during any period a person is receiving a State Financed Residential Service, such person shall pay to the Government such contribution as may be prescribed under sub-article (2). The Director shall calculate the contribution payable by such resident in terms of the provisions of this article.

(2) The Minister may, with the concurrence of the Minister responsible for finance, make regulations providing for the calculation of the contribution due by residents of State Financed

Residential Services as are specified by the same regulations.

(3) Any contributions due in terms of the foregoing provisions of this article shall be deducted from any benefit, pension, bonus, assistance or allowance payable under this Act.

(4) Notwithstanding the provisions of this article, where a resident of a State Financed Residential Service that is a state-owned hostel for the care and welfare of persons with disability referred to in article 131A is a married person whose spouse is not such a resident, and is not in receipt of a benefit, pension, bonus, assistance or allowance payable under this Act in the spouse’s own right, 60% of the rate of benefit, pension, bonus, assistance or allowance which would have otherwise been payable to such resident shall be payable to the spouse who is not a resident: Provided that, with effect from the 5th January 2013, 70% of the rate of benefit, pension, bonus, assistance or allowance which would have otherwise been payable to such resident. or the rate of Age Pension for a single person in accordance with the Sixth Schedule, shall be payable to the spouse who is not a resident, whichever is the most beneficial.

(5) Where no benefit, pension, bonus, assistance or allowance is due to a resident of a state financed residential service, and whether such benefit, pension, bonus, assistance or allowance is payable under this Act or from any other source, or where such benefit, pension, bonus, assistance or allowance is less than the amount that is due by way of a contribution, as specified in terms of sub-article (1), the Director of the Department for the Elderly and Community Services shall be empowered to enter into a contract with such resident and, or any other party, as the case may require, for any contribution that may be due to Government in accordance with the provisions of this article.

(6) Any reference in this article to any state-financed residential service is a reference to such service as is referred to in article 131(1)(a).