Aged Care (Residential Care Subsidy—Amount of Accommodation Supplement) Determination 2013 (No. 2) (Cth)

Aged Care (Residential Care Subsidy—Amount of Accommodation Supplement) Determination 2013 (No. 2)

as amended

made under subsection 44-5A(3) of the

Aged Care Act 1997

Compilation start date:   1 January 2014

Includes amendments up to: Residential Care Subsidy Amendment (Leave from Care) Determination 2013

About this compilation

This compilation

This is a compilation of the Aged Care (Residential Care Subsidy—Amount of Accommodation Supplement) Determination 2013 (No. 2) as in force on 1 January 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 31 January 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Name of Determination................................................................................................. 1

4............ Definitions..................................................................................................................... 1

5............ Method to work out the amount of accommodation supplement................................... 1

6............ Amount of accommodation supplement for care recipients on pre-entry leave.............. 2

Endnotes4

Endnote 1—About the endnotes  4

Endnote 2—Abbreviation key  5

Endnote 3—Legislation history  6

Endnote 4—Amendment history  7

Endnote 5—Uncommenced amendments [none]  8

Endnote 6—Modifications [none]  8

Endnote 7—Misdescribed amendments [none]  8

Endnote 8—Miscellaneous [none]  8

1  Name of Determination

This Determination is the Aged Care (Residential Care Subsidy—Amount of Accommodation Supplement) Determination 2013 (No. 2).

4  Definitions

In this Determination:

Act means the Aged Care Act 1997.

minimum permissible asset value, for a supported resident, has the same meaning as in subsection 57‑12(3) of the Act for that resident.

new resident has the meaning given by section 21.11B of the Principles.

Principles means the Residential Care Subsidy Principles 1997.

Note:          A number of expressions used in this Determination are defined in the Act, including:

·    assisted resident

·    concessional resident

·    residential care

·    residential care service

·    respite care

·    supported resident.

5  Method to work out the amount of accommodation supplement

The amount of accommodation supplement payable for a supported resident is worked out in the following way.

Step 1

For each day after 19 September 2013, the maximum rate of the accommodation supplement (the applicable maximum rate) for a supported resident in a residential care service is:

   (a)  if on the day the service meets the building requirements mentioned in section 21.11B of the Principles—$33.55 or;

  (b)  if on the day the service does not meet those requirements—$28.20.

Step 2

The notional accommodation supplement payable is the applicable maximum rate if:

(a) a determination mentioned in paragraph 57-14(1)(a) or 57A-9(1)(a) of the Act applies to the supported resident; or

  (b)  the value of the assets of the supported resident is less than the minimum permissible asset value.

Step 3

If Step 2 does not apply, the notional accommodation supplement payable for the supported resident is:

where:

A is:

   (a)  if the Secretary makes a determination about the supported resident under paragraph 57-14(1)(b) of the Act—the sum of:

         (i)   the maximum amount of bond that the Secretary has determined may be charged; and

        (ii)   the minimum permissible asset value; or

  (b)  if the Secretary makes a determination about the supported resident under paragraph 57A-9(1)(b) of the Act—the sum of:

         (i)   the maximum amount of charge that the Secretary has determined multiplied by 2080; and

        (ii)   the minimum permissible asset value; or

(c) in any other case—the value of the supported resident’s assets at the time when he or she entered the residential care service or at another time specified in the Principles for paragraph 44-5B(1)(c) of the Act.

AMR is the applicable maximum rate of accommodation supplement for the supported resident.

NAS is the notional accommodation supplement.

T (threshold) is the minimum permissible asset value.

Step 4

The accommodation supplement payable for the supported resident will be:

   (a)  equal to the notional accommodation supplement payable for the supported resident if, on a day for which accommodation supplement is payable, either of the following (the specified circumstances) apply:

         (i)   more than 40% of the residents to whom the service provides residential care (other than respite care), who are both post-2008 reform residents and new residents, are supported residents;

        (ii)   more than 40% of the new residents to whom the service provides residential care (other than respite care) are supported residents, concessional residents or assisted residents; or

  (b)  equal to 75% of the notional accommodation supplement payable for the supported resident if neither of the specified circumstances apply.

Note: If the value of the person’s assets exceeds the maximum asset threshold determined under paragraph 44‑5B(1)(c) of the Act, the person will not be eligible for an accommodation supplement because he or she will not be a supported resident (unless there is a determination in force under section 57-14 or 57A-9 in respect of the person and the person is a post‑2008 reform resident—see subsection 44‑5B(2) of the Act).

6  Amount of accommodation supplement for care recipients on pre-entry leave

(1) For the purposes of this section, a care recipient is on pre-entry leave in the circumstances described in subsection 42-3(3) of the Act.

(2)  The amount of accommodation supplement payable for a supported resident on pre-entry leave is $0.00.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

ad = added or inserted	pres = present
am = amended	prev = previous
c = clause(s)	(prev) = previously
Ch = Chapter(s)	Pt = Part(s)
def = definition(s)	r = regulation(s)/rule(s)
Dict = Dictionary	Reg = Regulation/Regulations
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expired or ceased to have effect	rep = repealed
hdg = heading(s)	rs = repealed and substituted
LI = Legislative Instrument	s = section(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
mod = modified/modification	Sdiv = Subdivision(s)
No = Number(s)	SLI = Select Legislative Instrument
o = order(s)	SR = Statutory Rules
Ord = Ordinance	Sub-Ch = Sub-Chapter(s)
orig = original	SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s) /sub-subparagraph(s)

Endnote 3—Legislation history

Name	FRLI registration	Commencement	Application, saving and transitional provisions
Aged Care (Residential Care Subsidy—Amount of Accommodation Supplement) Determination 2013 (No. 2)	19 Sept 2013 (see F2013L01715)	20 Sept 2013
Residential Care Subsidy Amendment (Leave from Care) Determination 2013	23 Dec 2013 (see F2013L02182)	Sch 3: 1 Jan 2014	—

Endnote 4—Amendment history

Provision affected	How affected
s 2........................................	rep LIA s 48D
s 3........................................	rep LIA s 48C
s 6........................................	ad F2013L02182

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]