Aged Care (Residential care subsidy amount of charge exempt resident supplement) Determination 2008 (Cth)

Aged Care (Residential care subsidy—amount of charge exempt resident supplement) Determination 2008

as amended

made under paragraph 44-8A(3)(b) 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 charge exempt resident supplement) Determination 2008 as in force on 1 January 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 30 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

2............ Commencement............................................................................................................. 1

3............ Revocation..................................................................................................................... 1

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

5............ Amount of charge exempt resident supplement............................................................. 1

Endnotes2

Endnote 1—About the endnotes  2

Endnote 2—Abbreviation key  3

Endnote 3—Legislation history  4

Endnote 4—Amendment history  5

Endnote 5—Uncommenced amendments [none]  6

Endnote 6—Modifications [none]  6

Endnote 7—Misdescribed amendments [none]  6

Endnote 8—Miscellaneous [none]  6

1  Name of Determination

This Determination is the Aged Care (Residential care subsidy—amount of charge exempt resident supplement) Determination 2008

2  Commencement

This Determination commences on 20 March 2008.

3  Revocation

The Determination made by the Minister on 29 June 2007 (ACA Ch. 3 No. 8/2007) under paragraph 44‑8A(3)(b) of the Act is revoked.

4  Definitions

In this Determination:

accommodation supplement means an amount payable for a care recipient under subsection 44‑5A (3) of the Act.

Act means the Aged Care Act 1997.

applicable maximum rate has the meaning given by step 1 in section 4 of the Aged Care (Residential care subsidy—amount of accommodation supplement) Determination 2008.

concessional resident supplement means an amount payable for a care recipient under subsection 44‑6 (4) of the Act.

5  Amount of charge exempt resident supplement

(1) For paragraph 44-8A(3)(b) of the Act, the charge exempt resident supplement for a day is:

(a)  for a care recipient who is a pre-2008 reform resident – the maximum rate of concessional resident supplement less the actual amount of concessional resident supplement payable for the care recipient for the day; or

(b)  for a care recipient who is on pre-entry leave—$0.00; or

(c)  in any other case—the applicable maximum rate of accommodation supplement for the care recipient on the day less the actual amount of accommodation supplement payable for the care recipient for the day.

(2)  For the purposes of paragraph 5(1)(b), a care recipient is on pre-entry leave in the circumstances described in subsection 42-3(3) of the Act.

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 charge exempt resident supplement) Determination 2008	19 Mar 2008 (see F2008L00907)	20 Mar 2008
Residential Care Subsidy Amendment (Leave from Care) Determination 2013	23 Dec 2013 (see F2013L02182)	Sch 5: 1 Jan 2014	—

Endnote 4—Amendment history

Provision affected	How affected
s 5........................................	rs F2013L02182

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]