Aged Care (Residential Care Subsidy – Amount of Viability Supplement) Determination 2005 (No. 1) (Cth)

Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 1)

as amended

made under subsection 44–29 (8) of the

Aged Care Act 1997

This compilation was prepared on 20 April 2006

taking into account amendments up to Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 3)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

1Name of Determination [see Note 1]   3

2Commencement   3

3Revocation of previous determination   3

4Definitions   3

5Amount of viability supplement for care recipient — 1997 scheme services 3

6Amount of viability supplement for care recipient — 2001 scheme services 4

7Amount of viability supplement for care recipient — 2005 scheme services 5

8Safety net — former 1997 scheme service   5

9Safety net — former 2001 scheme service   5

Notes    7

1. Name of Determination [see Note 1]

This Determination is the Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 1).

1. Commencement

This Determination is taken to have commenced on 1 January 2005.

1. Revocation of previous determination

The Determination made by the Minister on 23 June 2004 under subsection 44-29 (8) of the Aged Care Act 1997 is revoked.

1. Definitions

In this Determination:

1997 scheme service has the meaning given by section 21.34 of the Principles.

2001 scheme service has the meaning given by section 21.34 of the Principles.

2005 scheme service has the meaning given by section 21.34 of the Principles.

Principles means the Residential Care Subsidy Principles 1997, as in force from time to time.

1. Amount of viability supplement for care recipient — 1997 scheme services

(1)   For a care recipient to whom residential care is provided through a 1997 scheme service on a day, the amount of viability supplement for the day is the amount mentioned in the item in the following table that applies to the service on the day.

Item	Degree of Isolation	Number of places	Amount ($)
1	Isolated Remote Area	less than 16	20.68
2	Isolated Remote Area	more than 15 but less than 30	12.73
3	Isolated Remote Area	more than 29	1.26
4	Remote Centre	less than 16	9.86
5	Remote Centre	more than 15 but less than 30	7.01
6	Remote Centre	more than 29	1.26
7	Rural Outside Large Centre	less than 16	4.15
8	Rural Outside Large Centre	more than 15 but less than 30	1.26
9	Rural Outside Large Centre	more than 29	1.26
10	An area not mentioned in items 1 to 9	not applicable	1.26

(2)   In this section:

Classification means the Rural, Remote and Metropolitan Area Classification, 1991 Census Edition, AGPS 1994.

Isolated Remote Area means a Statistical Local Area classified as ‘Other Remote’ in the Classification.

number of places, for a residential care service, means the number of places allocated in respect of the residential care service.

Remote Centre means a Statistical Local Area classified as ‘Remote Centre’ in the Classification.

Rural Outside Large Centre means a Statistical Local Area classified as ‘Other Rural’ or ‘Small Rural Centre’ in the Classification.

1. Amount of viability supplement for care recipient — 2001 scheme services

For a care recipient to whom residential care is provided through a 2001 scheme service on a day, the amount of viability supplement for the day is the amount mentioned in the item in the following table for the score attained by the service on the day under the scoring system set out in the table in subsection 21.35B (1) of the Principles.

Item	Score	Amount ($)
1	40	1.26
2	50	1.43
3	60	4.15
4	70	7.01
5	80	9.86
6	90	12.73
7	100	20.68

1. Amount of viability supplement for care recipient — 2005 scheme services

Subject to sections 8 and 9, for a care recipient to whom residential care is provided through a 2005 scheme service on a day, the amount of viability supplement for the day is the amount mentioned in the item in the following table for the score attained by the service on the day under the scoring system set out in the table in subsection 21.35C (1) of the Principles.

Item	Score	Amount ($)
1	50	2.00
2	55	3.00
3	60	4.50
4	65	5.50
5	70	8.00
6	75	10.00
7	80	12.50
8	85	15.00
9	90	17.50
10	95	19.50
11	100	22.00

1. Safety net — former 1997 scheme service

(1)   This section applies in relation to a residential care service that, because of subsection 21.35C (3) of the Principles, is a 2005 scheme service if, on a day, the amount of viability supplement payable under this Determination for the day in respect of a care recipient to whom care is provided through the service as a 2005 scheme service is less than the amount of viability supplement payable in respect of the care recipient for the day if the service were treated as a 1997 scheme service.

(2)   For a care recipient to whom residential care is provided through the service on the day, the amount of viability supplement for the day is the amount of viability supplement payable in respect of the care recipient for the day if the service were treated as a 1997 scheme service.

1. Safety net — former 2001 scheme service

(1)   This section applies in relation to a residential care service that, because of subsection 21.35C (4) of the Principles, is a 2005 scheme service if, on a day, the amount of viability supplement payable under this Determination for the day in respect of a care recipient to whom care is provided through the service as a 2005 scheme service is less than the amount of viability supplement payable in respect of the care recipient for the day if the service were treated as a 2001 scheme service.

(2)   For a care recipient to whom residential care is provided through the service on the day, the amount of viability supplement for the day is the amount of viability supplement payable in respect of the care recipient for the day if the service were treated as a 2001 scheme service.

Notes to the Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 1)

Note 1

The Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 1) (in force under subsection 44–29 (8) of the Aged Care Act 1997) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 1)	28 June 2005 (see F2005L01723)	1 Jan 2005
Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 3)	1 Sept 2005 (see F2005L02409)	Ss. 1–3 and Schedule 1: 1 Jan 2005 Remainder: 1 July 2005	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
S. 7.........................................	rs. 2005 No. 3
S. 8.........................................	ad. 2005 No. 3
S. 9.........................................	ad. 2005 No. 3