When someone enters residential aged care, the former home can be excluded from the means assessment while a protected person continues to live there. “Protected” is a technical aged care category, not a general description of a loved or vulnerable occupant. A partner or dependent child can qualify. A carer usually needs at least two years’ residence with the person before entry and eligibility for an Australian Government income-support payment; a close relative usually needs five years’ residence and the same income-support condition. If the qualifying occupant moves out or circumstances change, the resident must report the change within the current 28-day rule. The exclusion affects the aged care calculation only—it does not give the occupant title or guarantee a home for life.
The former home must still be occupied by the protected person
The exclusion applies because a qualifying person is living in the former home. Start with the property address, ownership, the aged care entry date and the occupant’s actual residence. Temporary absences, multiple dwellings or a move to another address can require case-specific clarification. The guide for a partner remaining in the family home explains the common couple scenario. Do not declare an adult child protected merely because mail still arrives there or belongings remain. Services Australia needs truthful occupancy and relationship facts, and a property can change treatment from the effective date when those facts change.
Partners and dependent children form one group
A spouse or de facto partner living in the former home can be a protected person, as can a dependent child. The carer and close-relative residence periods described in other parts of the rule are not automatically imposed on a partner. Confirm the relationship and ongoing occupancy, and report separation, death or a move. “Dependent child” also has a program meaning; an independent adult child does not qualify under that label simply because they receive family help. If the relationship status is disputed or the person occupies only part of the property, seek a formal assessment rather than asking the provider to choose the most favourable category. The aged care home does not decide who owns or may occupy the property.
A qualifying carer needs two years and income support
A carer can be protected when they lived in the home with the resident for at least two years immediately before the resident entered care and are eligible for an Australian Government income-support payment. Both elements matter. Informal care over many years does not replace the income-support condition, and receiving a payment does not replace the residence period. Build a chronology with the carer’s address, the care recipient’s address, the admission date and evidence of the relevant payment eligibility. The question is not whether the carer is compassionate or indispensable. It is whether the statutory residence and income-support tests are met for the former-home exclusion.
- Evidence of living at the same former-home address
- Two-year period immediately before aged care entry
- Nature of the caring relationship where requested
- Current eligibility for a recognised government income-support payment
- Any date the carer later leaves the property
A close relative needs five years and income support
A close relative such as a parent, sibling, child or grandchild can qualify when they lived with the resident in the home for at least five years immediately before entry and are eligible for Australian Government income support. Relationship alone is insufficient. The guide to selling the family home for aged care can help with a later property decision, but sale is not required merely because the resident entered care. Verify whether the occupant fits “close relative,” the five-year period is continuous as required and payment eligibility exists. Do not combine shorter periods from different relatives or rely on future pension eligibility.
Form SA483 and consent help prove the right facts
Services Australia provides form SA483 to collect details about a carer or close relative living in the former home. Current instructions distinguish people already receiving an income-support payment: they may be able to call the Aged Care line and give permission for the information to be checked. Follow the current form and privacy process. Supply only accurate dates and evidence, keep a copy and record the lodgement. The occupant’s permission to verify a payment is not a transfer of property rights. If a representative completes the resident’s assessment, ensure their authority is recognised and let the occupant supply their own protected information through the approved channel where possible.
A move-out or other change must be reported
Since 1 November 2025, current guidance requires residents to report relevant changed circumstances within 28 days. A protected person moving out is a named example. Partner changes, property sale and financial changes may also affect fees. Timely reporting generally means a fee increase applies prospectively under the current arrangements; late reporting may allow backdating. Record the change date, notify Services Australia or DVA through the current route and give the provider the revised fee advice when issued. Do not keep claiming the exclusion during a sale campaign or vacancy because the family hopes the occupant may return. Ask for a formal decision if the move is temporary or disputed.
Protect housing rights through separate legal planning
The means-test exclusion does not make the occupant an owner, tenant or beneficiary and does not prevent sale, mortgage enforcement or estate administration. Review title, any lease or licence, power of attorney, will, insurance and household expenses separately. Use the directory of Australian aged care homes to compare the resident’s care options without promising the occupant that the aged care rule secures the house. If family members disagree, obtain property and elder-law advice before a sale or eviction. A correct protected-person assessment can lower aged care fees while the underlying housing arrangement remains precarious; both problems need their own documents and decision-maker.
Is every adult child in the former home protected?
No. An adult child may qualify as a close relative only if the five-year residence and government income-support conditions are met, unless another protected category applies. Relationship and current occupancy alone do not satisfy the close-relative test.
Does Carer Payment automatically make someone protected?
No. A carer generally must also have lived in the home with the resident for at least two years immediately before aged care entry. Services Australia checks the complete test and the current income-support eligibility.
Can the protected person stay in the home for life?
The aged care designation does not create a lifetime right to occupy, ownership or a tenancy. Those rights depend on title, agreements and other law. If the person moves out, the resident must report the change and the home may enter the means assessment.
Services Australia or DVA determines protected-person status from relationship, residence, income-support and occupancy facts. The exclusion is only for aged care means testing; report changes within the current deadline and obtain separate advice about ownership, sale, tenancy, pensions and estate rights.