Aged Care (Subsidy, Fees and Payments) Determination 2014 (Cth)
Aged Care (Subsidy, Fees and Payments) Determination 2014
made under the
Aged Care Act 1997
Compilation No. 40
Compilation date: 20 March 2023
Includes amendments up to: F2023L00236
Registered: 3 April 2023
About this compilation
This compilation
This is a compilation of the Aged Care (Subsidy, Fees and Payments) Determination 2014 that shows the text of the law as amended and in force on 20 March 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1—Preliminary 1
1............ Name of determination.................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Definitions..................................................................................................................... 1
Chapter 2—Residential care subsidy for payment periods beginning before 1 October 2022 2
Part 1A—Application of this Chapter 2
4A......... Application of this Chapter............................................................................................ 2
Part 1—Basic subsidy amount 3
Division 1—Care recipients receiving residential care other than as respite care 3
5............ Purpose of this Division................................................................................................ 3
6............ Definitions..................................................................................................................... 3
7............ Basic subsidy amount for day on or after date of effect of ACFI classification............. 3
8............ Basic subsidy amount for day before date of effect of ACFI classification—late receipt of appraisal or reappraisal...................................................................................................................................... 4
9............ Basic subsidy amount for care recipients on extended hospital leave............................ 5
Division 2—Care recipients receiving residential care as respite care 6
11.......... Purpose of this Division................................................................................................ 6
12.......... Basic subsidy amount for days within maximum number for provision of respite care 6
13.......... Basic subsidy amount for days equal to or exceeding maximum number for provision of respite care 6
14.......... Basic subsidy amount for care recipient in residential care service exceeding respite care proportion 6
Part 2—Amounts of primary supplements 8
Division 1—Respite supplement 8
15.......... Purpose of this Division................................................................................................ 8
16.......... Definitions..................................................................................................................... 8
17.......... Care recipients whose classification level is low level residential respite care............... 8
18.......... Care recipients whose classification level is high level residential respite care.............. 8
19.......... How to work out the actual proportion of respite care provided through a residential care service for a relevant year...................................................................................................................................... 9
20.......... How to work out the specified proportion of respite care provided through a residential care service for a relevant year.................................................................................................................................... 10
21.......... Number of days or proportion of specified care exceeded........................................... 11
Division 2—Oxygen supplement 13
22.......... Purpose of this Division.............................................................................................. 13
23.......... Amount of oxygen supplement................................................................................... 13
Division 3—Enteral feeding supplement 14
24.......... Purpose of this Division.............................................................................................. 14
25.......... Amount of enteral feeding supplement........................................................................ 14
Part 3—Reductions in subsidy 15
42.......... Purpose of this Part..................................................................................................... 15
43.......... Amount of adjusted subsidy reduction........................................................................ 15
44.......... Care subsidy reduction—annual cap........................................................................... 15
45.......... Care subsidy reduction—lifetime cap.......................................................................... 15
46.......... Care subsidy reduction—means tested amount—first asset threshold and second asset threshold 15
47.......... Value of person’s assets—maximum home value....................................................... 15
Part 4—Amounts of other supplements 16
Division 1—Accommodation supplement 16
48.......... Purpose of this Division.............................................................................................. 16
49.......... Definitions................................................................................................................... 16
50.......... Meaning of newly built residential care service.......................................................... 17
51.......... Amount of accommodation supplement—matters relating to relevant residential care service 17
52.......... Amount of accommodation supplement—matters relating to eligible care recipient.... 18
Division 2—Hardship supplement 19
53.......... Purpose of this Division.............................................................................................. 19
54.......... Amount of hardship supplement................................................................................. 19
Division 3—Viability supplement 20
55.......... Purpose of this Division.............................................................................................. 20
56.......... Definitions................................................................................................................... 20
57.......... Amount of viability supplement—care recipients being provided with residential care through 1997 scheme services.................................................................................................................................... 20
58.......... Amount of viability supplement—care recipients being provided with residential care through 2001 scheme services.................................................................................................................................... 21
59.......... Amount of viability supplement—care recipients being provided with residential care through 2005 scheme services.................................................................................................................................... 21
60.......... Amount of viability supplement—safety net for former 1997 scheme services and 2001 scheme services 22
60A....... Amount of viability supplement—care recipients being provided with residential care through 2017 scheme services.................................................................................................................................... 22
60B....... Amount of viability supplement—safety net for former 1997 scheme services, 2001 scheme services and certain 2005 scheme services........................................................................................................... 23
Division 4—Veterans’ supplement 24
61.......... Purpose of this Division.............................................................................................. 24
62.......... Amount of veterans’ supplement................................................................................. 24
Division 5—Homeless supplement 25
63.......... Purpose of this Division.............................................................................................. 25
64.......... Amount of homeless supplement................................................................................ 25
Division 6—COVID‑19 support supplement (for COVID‑19 support payment periods) 26
64A....... Purpose of this Division.............................................................................................. 26
64B....... Amount of COVID‑19 support supplement................................................................ 26
Division 7—Residential care support supplement (for February 2021 payment period) 27
64C....... Purpose of this Division.............................................................................................. 27
64D....... Amount of residential care support supplement (for February 2021 payment period). 27
Division 8—2021 basic daily fee supplement (for payment periods July 2021 to September 2022) 28
64E........ Purpose of this Division.............................................................................................. 28
64F........ Amount of 2021 basic daily fee supplement (for payment periods July 2021 to September 2022) 28
Chapter 2A—Residential care subsidy for payment periods beginning on or after 1 October 2022 29
Part 1—Preliminary 29
64G....... Application of this Chapter.......................................................................................... 29
64H....... Definitions................................................................................................................... 29
64J........ Meaning of applicable amount for a day for a care recipient....................................... 30
64K....... Meaning of non‑respite classification amount for a care recipient for a day............... 31
64L........ Meaning of respite classification amount for a care recipient for a day....................... 32
64M...... Meaning of service amount for a care recipient for a day............................................ 32
Part 2—Specialised ATSI or homeless status 35
Division 1—Specialised ATSI status 35
64N....... Specialised ATSI status............................................................................................... 35
64P........ Application for determination that residential care service has specialised ATSI status 36
64Q....... Determination that residential care service has specialised ATSI status....................... 36
Division 2—Specialised homeless status 38
64R....... Specialised homeless status......................................................................................... 38
64S........ Circumstances in which residential care service may not have specialised homeless status 38
64T........ Application for determination that residential care service has specialised homeless status 39
64U....... Determination that residential care service has specialised homeless status................. 40
Division 3—Revocation of specialised ATSI or homeless status 42
64V....... Automatic revocation of specialised ATSI or homeless status.................................... 42
64W...... Revocation of specialised ATSI or homeless status on request by the approved provider 42
64X....... Revocation of specialised ATSI status by the Secretary.............................................. 42
64Y....... Revocation of specialised homeless status by the Secretary........................................ 43
Division 4—Reconsideration of decisions 45
64Z........ Reconsideration of certain decisions on request.......................................................... 45
Part 3—Basic subsidy amount 47
Division 1—Purpose of this Part 47
64ZA..... Purpose of this Part..................................................................................................... 47
Division 2—Basic subsidy amount for care recipient provided with residential care as non‑respite care 48
64ZB..... Basic subsidy amount—classification of care recipient is in effect.............................. 48
64ZC..... Basic subsidy amount—care recipient not classified................................................... 48
Division 3—Basic subsidy amount for care recipient provided with residential care as respite care 50
64ZD..... Basic subsidy amount—classification of care recipient is in effect.............................. 50
64ZE..... Basic subsidy amount—care recipient not classified................................................... 50
Part 4—Adjusted basic subsidy amount 52
64ZF..... Purpose of this Part..................................................................................................... 52
64ZG..... Adjusted basic subsidy amount—care recipient provided with residential care as non‑respite care 52
Part 5—Amounts of primary supplements 53
Division 1—Purpose of this Part 53
64ZH..... Purpose of this Part..................................................................................................... 53
Division 2—Respite supplement 54
64ZI...... Amount of respite supplement..................................................................................... 54
Division 3—Oxygen supplement 55
64ZJ...... Amount of oxygen supplement................................................................................... 55
Division 4—Enteral feeding supplement 56
64ZK..... Amount of enteral feeding supplement........................................................................ 56
Part 6—Reductions in subsidy 57
64ZL..... Care subsidy reduction—annual cap........................................................................... 57
64ZM.... Care subsidy reduction—lifetime cap.......................................................................... 57
64ZN..... Care subsidy reduction—first asset threshold and second asset threshold.................. 57
64ZO..... Care subsidy reduction—maximum home value......................................................... 57
Part 7—Amounts of other supplements 58
Division 1—Accommodation supplement 58
64ZP..... Amount of accommodation supplement...................................................................... 58
Division 2—Hardship supplement 60
64ZQ..... Amount of hardship supplement................................................................................. 60
Division 3—Veterans’ supplement 61
64ZR..... Amount of veterans’ supplement................................................................................. 61
Division 4—Initial entry adjustment supplement 62
64ZS..... Amount of initial entry adjustment supplement........................................................... 62
Chapter 3—Home care subsidy 63
Part 1—Basic subsidy amount 63
65.......... Purpose of this Part..................................................................................................... 63
66.......... Definitions................................................................................................................... 63
67.......... Basic subsidy amount—general.................................................................................. 63
67A....... Basic subsidy amount—more than one approved provider eligible for subsidy in respect of a day and a care recipient.................................................................................................................................... 63
68.......... Basic subsidy amount—during suspension period...................................................... 63
Part 2—Amounts of primary supplements 66
Division 1—Oxygen supplement 66
69.......... Purpose of this Division.............................................................................................. 66
70.......... Amount of oxygen supplement................................................................................... 66
Division 2—Enteral feeding supplement 67
71.......... Purpose of this Division.............................................................................................. 67
72.......... Amount of enteral feeding supplement........................................................................ 67
Division 3—Dementia and cognition supplement 68
73.......... Purpose of this Division.............................................................................................. 68
74.......... Amount of dementia and cognition supplement........................................................... 68
Division 4—Veterans’ supplement 69
75.......... Purpose of this Division.............................................................................................. 69
76.......... Amount of veterans’ supplement................................................................................. 69
Part 3—Reductions in subsidy 70
77.......... Purpose of this Part..................................................................................................... 70
78.......... Care subsidy reduction—first cap and second cap...................................................... 70
79.......... Care subsidy reduction—income threshold................................................................. 70
80.......... Care subsidy reduction—annual cap........................................................................... 70
81.......... Care subsidy reduction—lifetime cap.......................................................................... 71
Part 4—Amounts of other supplements 72
Division 1—Hardship supplement 72
82.......... Purpose of this Division.............................................................................................. 72
83.......... Amount of hardship supplement................................................................................. 72
Division 2—Viability supplement 73
84.......... Purpose of this Division.............................................................................................. 73
84A....... Definitions................................................................................................................... 73
85.......... Amount of viability supplement.................................................................................. 74
Chapter 4—Flexible care subsidy 75
Part 1—Amount of flexible care subsidy—care provided through multi‑purpose service 75
Division 1—Preliminary 75
86.......... Purpose of this Part..................................................................................................... 75
87.......... Definitions................................................................................................................... 75
Division 2—Categories of multi‑purpose service 78
88.......... Category A services.................................................................................................... 78
89.......... Category B services..................................................................................................... 79
90.......... Category C services..................................................................................................... 80
90A....... Category D services.................................................................................................... 81
Division 3—Amount of flexible care subsidy 84
91.......... Amount of flexible care subsidy.................................................................................. 84
91A....... Amount of flexible care subsidy for COVID‑19 support periods............................... 85
91B....... Amount of flexible care subsidy for February 2021 (addition of residential care support supplement equivalent amount).................................................................................................................................... 85
91C....... Amount of flexible care subsidy on and after 1 July 2021 (addition of 2021 basic daily fee supplement equivalent amount)....................................................................................................................... 86
91D....... Eligibility for 2021 basic daily fee supplement equivalent amount.............................. 86
92.......... Applicable amount for high care place......................................................................... 88
93.......... Applicable amount for low care place.......................................................................... 88
94.......... Respite supplement equivalent amount........................................................................ 88
95.......... Dementia and veterans’ supplement equivalent amounts............................................. 88
96.......... Additional amount of home care subsidy.................................................................... 89
Division 4—Viability supplement equivalent amounts 90
97.......... Viability supplement equivalent amounts for Category A services.............................. 90
98.......... Viability supplement equivalent amounts for Category B services.............................. 90
99.......... Viability supplement equivalent amounts for Category C services.............................. 91
99A....... Viability supplement equivalent amounts for Category D services.............................. 91
Division 6—Concessional resident equivalent amounts 92
101........ Concessional resident equivalent amounts................................................................... 92
Part 2—Amount of flexible care subsidy—care provided through innovative care service 95
102........ Purpose of this Part..................................................................................................... 95
103........ Definitions................................................................................................................... 95
104........ Amount of flexible care subsidy.................................................................................. 95
Part 3—Amount of flexible care subsidy—care provided as transition care 97
105........ Purpose of this Part..................................................................................................... 97
106........ Amount of flexible care subsidy.................................................................................. 97
Part 4—Amount of flexible care subsidy—care provided as short‑term restorative care 98
106A..... Purpose of this Part..................................................................................................... 98
106B..... Amount of flexible care subsidy.................................................................................. 98
Chapter 5—Fees and payments 99
Part 1A—Resident fees 99
106C..... Purpose of this Part..................................................................................................... 99
106D..... Maximum daily amount of resident fees for reserving a place..................................... 99
Part 1—Home care fees 100
107........ Purpose of this Part................................................................................................... 100
107A..... Basic daily care fee.................................................................................................... 100
108........ Basic daily care fee during suspension period........................................................... 100
Part 2—Accommodation payments 101
109........ Purpose of this Part................................................................................................... 101
110........ Maximum refundable accommodation deposit amount.............................................. 101
111........ Maximum daily accommodation payment amount..................................................... 101
Part 3—Daily payments 103
112........ Purpose of this Part................................................................................................... 103
113........ Maximum rate of interest that may be charged on outstanding amount of daily payment 103
Endnotes104
Endnote 1—About the endnotes 104
Endnote 2—Abbreviation key 105
Endnote 3—Legislation history 106
Endnote 4—Amendment history 110
Chapter 1—Preliminary
1 Name of determination
This determination is the Aged Care (Subsidy, Fees and Payments) Determination 2014.
3 Authority
This determination is made under the Aged Care Act 1997.
4 Definitions
Note: A number of expressions used in this determination are defined in the Act, including the following:
(a) accommodation supplement;
(b) aged care service;
(c) approved provider;
(d) classification level;
(e) daily accommodation payment;
(f) daily payment;
(g) extended hospital leave;
(h) flexible care;
(i) flexible care service;
(j) flexible care subsidy;
(k) home care;
(l) home care service;
(m) maximum home value;
(n) member of a couple;
(o) prioritised home care recipient;
(p) residential care;
(q) residential care service;
(r) respite care.
In this determination:
Act means the Aged Care Act 1997.
COVID‑19 support payment period has the same meaning as in the Subsidy Principles 2014.
Modified Monash Model classification has the same meaning as in the Subsidy Principles 2014.
Chapter 2—Residential care subsidy for payment periods beginning before 1 October 2022
Part 1A—Application of this Chapter
4A Application of this Chapter
This Chapter applies in relation to a payment period that begins before 1 October 2022.
Part 1—Basic subsidy amount
Division 1—Care recipients receiving residential care other than as respite care
5 Purpose of this Division
For subsection 44‑3(2) of the Act, this Division sets out the basic subsidy amount for a day for a care recipient who is being provided with residential care other than as respite care.
6 Definitions
In this Division:
ACFI classification means a classification, or a renewal of a classification, of a care recipient under Part 2.4 of the Aged Care Act 1997 and:
(a) the Classification Principles 1997, as in force on or after the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007; or
(b) the Classification Principles 2014.
7 Basic subsidy amount for day on or after date of effect of ACFI classification
(1) This section applies in relation to a care recipient and a day if the care recipient has an ACFI classification that is in effect on the day.
Note: For when a classification of a care recipient takes effect, see Division 26 of the Act.
(2) The basic subsidy amount for the day for the care recipient is the ACFI amount for the care recipient.
(3) For subsection (2), the ACFI amount for the care recipient is the sum of the domain amounts for each domain category in the care recipient’s ACFI classification, as set out in the following table.
| ACFI amounts | ||
| Item | Domain category | Domain amount ($) |
| 1 | Nil ADL category | 0.00 |
| 2 | Low ADL category | 39.36 |
| 3 | Medium ADL category | 85.71 |
| 4 | High ADL category | 118.74 |
| 5 | Nil behaviour category | 0.00 |
| 6 | Low behaviour category | 9.00 |
| 7 | Medium behaviour category | 18.65 |
| 8 | High behaviour category | 38.88 |
| 9 | Nil CHC category | 0.00 |
| 10 | Low CHC category | 17.46 |
| 11 | Medium CHC category | 49.73 |
| 12 | High CHC category | 71.81 |
8 Basic subsidy amount for day before date of effect of ACFI classification—late receipt of appraisal or reappraisal
Appraisal or reappraisal received within 3 months after end of appraisal or reappraisal period
(1) Subsection (2) applies in relation to a care recipient and a day if:
(a) on the day, the care recipient is taken, under subsection 25‑1(4) of the Act, to have been classified at the lowest applicable classification level; and
(b) either:
(i) an appraisal in respect of the care recipient has been received by the Secretary in the 3 months beginning at the end of the period referred to in paragraph 26‑1(a) or (b) of the Act (whichever is applicable); or
(ii) a reappraisal in respect of the care recipient has been received by the Secretary in the 3 months beginning at the end of the reappraisal period for the classification determined under section 27‑2 of the Act.
(2) The basic subsidy amount for the day for the care recipient is:
(a) if the ACFI amount for the care recipient under section 7, for the day the care recipient’s ACFI classification takes effect, is at least $25—the ACFI amount less $25; or
(b) in any other case——nil.
Appraisal or reappraisal received more than 3 months after end of appraisal or reappraisal period
(3) The basic subsidy amount for the day for a care recipient is nil if:
(a) on the day, the care recipient is taken, under subsection 25‑1(4) of the Act, to have been classified at the lowest applicable classification level; and
(b) either:
(i) an appraisal in respect of the care recipient has been received by the Secretary more than 3 months after the end of the period referred to in paragraph 26‑1(a) or (b) of the Act (whichever is applicable); or
(ii) a reappraisal in respect of the care recipient has been received by the Secretary more than 3 months after the end of the reappraisal period for the classification determined under section 27‑2 of the Act.
9 Basic subsidy amount for care recipients on extended hospital leave
(1) This section applies in relation to a care recipient and a day if, on the day, the care recipient:
(a) has an ACFI classification that is in effect; and
(b) is on extended hospital leave.
(2) The basic subsidy amount for the day for the care recipient is:
(a) for a day that is before the 29th day of the care recipient’s leave—the amount for the care recipient for the day under section 7 or 8 (whichever is applicable); or
(b) for any other day—half of the basic subsidy amount for the care recipient for the 28th day of the care recipient’s leave.
(3) However, this section does not apply in relation to a care recipient and a day if the day is in the period between 1 July 2020 and 30 June 2021.
Division 2—Care recipients receiving residential care as respite care
11 Purpose of this Division
For subsection 44‑3(2) of the Act, this Division sets out the basic subsidy amount for a day for a care recipient who is being provided with residential care as respite care.
12 Basic subsidy amount for days within maximum number for provision of respite care
(1) This section applies in relation to a care recipient on a day if, on that day, the number of days on which the care recipient had previously been provided with residential care as respite care during the financial year in which the day occurs does not equal or exceed the number specified under paragraph 23(1)(c) of the Subsidy Principles 2014.
(2) Subject to section 14, the basic subsidy amount for the day for the care recipient is:
(a) if the care recipient’s approval was, on 30 June 2014, limited to a low level of residential care (within the meaning of the Classification Principles 1997 as in force on 30 June 2014)—$49.51; or
(b) if the care recipient’s approval was, on 30 June 2014, limited to a high level of residential care (within the meaning of the Classification Principles 1997 as in force on 30 June 2014)—$138.82; or
(c) if the care recipient’s classification level is low level residential respite care—$49.51; or
(d) if the care recipient’s classification level is high level residential respite care—$138.82.
13 Basic subsidy amount for days equal to or exceeding maximum number for provision of respite care
The basic subsidy amount for a day for a care recipient is nil if, on that day, the number of days on which the care recipient had previously been provided with residential care as respite care during the financial year in which the day occurs equals or exceeds the number specified under paragraph 23(1)(c) of the Subsidy Principles 2014.
14 Basic subsidy amount for care recipient in residential care service exceeding respite care proportion
(1) This section applies in relation to a care recipient who is being provided with residential care through a residential care service that provides a greater proportion of care to recipients of respite care than that specified in the conditions attached to the allocation of places to the approved provider in respect of the service.
(2) The basic subsidy amount for a day for the care recipient is nil.
Part 2—Amounts of primary supplements
Division 1—Respite supplement
15 Purpose of this Division
(1) For subsection 44‑5(3) of the Act, this Division provides for the amount of the respite supplement for a day for a care recipient or the way in which that amount is to be worked out.
(2) For this Division, the respite supplement is the respite supplement set out in Subdivision A of Division 3 of Part 3 of Chapter 2 of the Subsidy Principles 2014.
16 Definitions
In this Division:
allocation of places, in relation to a residential care service, means an allocation of places to the approved provider of the residential care service made under Division 14 of the Act.
conditions, in relation to a residential care service, means conditions under section 14‑5 or 14‑6 of the Act attached to an allocation of places to the approved provider of the service.
17 Care recipients whose classification level is low level residential respite care
If the classification level for a care recipient on a day is low level residential respite care, then the amount of the respite supplement for the day for the care recipient is, subject to section 21, $43.27.
18 Care recipients whose classification level is high level residential respite care
(1) If the classification level for a care recipient on a day is high level residential respite care, then the amount of the respite supplement for the day for the care recipient is, subject to section 21, the sum of:
(a) $60.64; and
(b) if, for a relevant year, the actual proportion of respite care provided through the residential care service is equal to or more than 70% of the specified proportion of respite care for the approved provider of the service—$42.54.
(4) For paragraph paragraph (1)(b):
(a) the relevant year, in relation to a day, means a period of 12 months ending at the expiration of the month in which the day occurs; and
(b) the actual proportion of respite care provided through a residential care service for a relevant year is the proportion of care, worked out using the method statement in section 19, provided through the service in that year to recipients of respite care; and
(b) the specified proportion of respite care, for the approved provider of a residential care service and a relevant year, is the proportion of care, worked out using the method statement in section 20, specified in respect of recipients of respite care in the conditions attached to each allocation of places to the approved provider in the relevant year.
19 How to work out the actual proportion of respite care provided through a residential care service for a relevant year
(1) For section 18, the actual proportion of respite care provided through a residential care service for a relevant year is worked out as follows:
Method statement
Step 1. Work out, for the relevant year and for each care recipient to whom the residential care service provided residential care in the relevant year, the total number of respite bed days provided by the residential care service.
Step 2.Add together each of the total numbers of respite bed days worked out under step 1.
Step 3. Identify, for each care recipient referred to in step 1, the total number of respite bed days provided to the care recipient in the relevant year that exceeded the maximum number of days on which residential care as respite care could be provided to the care recipient during the relevant financial year.
Note: The maximum number of days on which a care recipient may be provided with residential care as respite care during a financial year is set out in section 23 of the Subsidy Principles 2014.
Step 4. Add together each of the total numbers of respite bed days identified under step 3.
Step 5. Identify each respite bed day provided by the residential care service in the relevant year that exceeded the proportion of care for recipients of respite care that was specified in the conditions that applied in respect of the residential care service at the time the respite bed day was provided.
Step 6. Add together all the respite bed days identified under step 5.
Step 7. Add the total number of respite bed days worked out under step 4 to the total number of respite bed days worked out under step 6.
Step 8. Subtract the sum worked out under step 7 from the total number of respite bed days worked out under step 2.
The result is the actual proportion of respite care provided through the residential care service for the relevant year.
Definitions
(2) In this section:
respite bed day, in relation to a residential care service and a care recipient, means a day on which the residential care service provided the care recipient with residential care as respite care.
20 How to work out the specified proportion of respite care provided through a residential care service for a relevant year
(1) For section 18, the specified proportion of respite care for the approved provider of a residential care service and a relevant year is worked out as follows:
Method statement
Step 1. Work out the proportion of care for recipients of respite care, expressed as a number of notional respite bed days, as specified in the conditions that applied in respect of the residential care service at the start of the relevant year.
Step 2. Work out the applicable period of time in relation to the proportion of care worked out under step 1.
Step 3. Multiply the proportion of care worked out under step 1 by the applicable period of time worked out under step 2.
Step 4. If the basis for the calculation of the proportion of care in relation to the residential care service changes during the relevant year, work out the proportion of care for recipients of respite care, expressed as a number of notional respite bed days, as specified in the conditions that applied at the time the change took effect.
Step 5. Work out the applicable period of time in relation to the proportion of care worked out under step 4.
Step 6. Multiply the proportion of care worked out under step 4 by the applicable period of time worked out under step 5.
Step 7. Repeat steps 4 to 6 in respect of each further change to the basis for the calculation of the proportion of care in relation to the residential care service in the relevant year.
Step 8. Add the amount worked out under step 3 to any amount or amounts worked out under step 6.
The result is the specified proportion of respite care for the approved provider of a residential care service for the relevant year.
When a proportion of care is taken to have been in effect
(2) For this section, a proportion of care is taken to have been in effect in relation to a residential care service for the period that:
(a) commences on the first day of the relevant year or the first day on which the basis for the calculation of the proportion of care changed (as applicable); and
(b) ends on the last day of the relevant year or the last day before the day on which the basis for the calculation of the proportion of care changed (as applicable).
Definitions
(3) In this section:
applicable period of time, in relation to a proportion of care worked out under step 1 or 4 (as applicable) of the method statement in subsection (1) and a residential care service, means the period (expressed as a number of days) during which the proportion of care was in effect in the relevant year in relation to the service, as described in subsection (2).
basis for the calculation of the proportion of care, in relation to a residential care service, means any factor that is relevant to the calculation of the proportion of care through the service, including:
(a) the number of places allocated in respect of the residential care service; and
(b) the conditions in relation to the residential care service.
notional respite bed day, in relation to a residential care service, means a day on which the residential care service is required to provide a care recipient with residential care as respite care.
21 Number of days or proportion of specified care exceeded
Maximum number of days exceeded
(1) For a care recipient in respect of whom the maximum number of days on which the care recipient may be provided with residential care as respite care during the relevant financial year has been exceeded, the amount of the respite supplement for a day is nil.
Note: The maximum number of days on which a care recipient may be provided with residential care as respite care during a financial year is set out in section 23 of the Subsidy Principles 2014.
Proportion of specified care exceeded
(2) For a care recipient to whom residential care is provided through a residential care service that provides a greater proportion of care to recipients of respite care than that (if any) specified in the conditions attached to the allocation of places to the approved provider in respect of the service, the amount of the respite supplement for a day is nil.
Division 2—Oxygen supplement
22 Purpose of this Division
(1) For subsection 44‑5(3) of the Act, this Division sets out the amount of the oxygen supplement for a day for a care recipient.
(2) For this Division, the oxygen supplement is the oxygen supplement set out in Subdivision B of Division 3 of Part 3 of Chapter 2 of the Subsidy Principles 2014.
23 Amount of oxygen supplement
(1) Subject to subsection (2), the amount of the oxygen supplement for a day for a care recipient is $12.73.
(2) If the actual cost to the approved provider of providing oxygen to the care recipient on the day is equal to or more than 125% of the amount referred to in subsection (1) (that is, $15.91), the amount of the oxygen supplement for the day for the care recipient is the amount equivalent to that actual cost.
Division 3—Enteral feeding supplement
24 Purpose of this Division
(1) For subsection 44‑5(3) of the Act, this Division sets out the amount of the enteral feeding supplement for a day for a care recipient.
(2) For this Division, the enteral feeding supplement is the enteral feeding supplement set out in Subdivision C of Division 3 of Part 3 of Chapter 2 of the Subsidy Principles 2014.
25 Amount of enteral feeding supplement
(1) Subject to subsection (2), the amount of the enteral feeding supplement for a day for a care recipient is:
(a) for bolus feeding—$20.17; and
(b) for non‑bolus feeding—$22.65.
(2) If the actual cost to the approved provider of providing enteral feeding to the care recipient on the day is equal to or more than 125% of the applicable amount referred to in subsection (1) (that is, $25.21 for bolus feeding and $28.31 for non‑bolus feeding), the amount of the enteral feeding supplement for the day for the care recipient is the amount equivalent to that actual cost.
Part 3—Reductions in subsidy
42 Purpose of this Part
This Part sets out the following:
(a) for subsection 44‑19(2) of the Act—the amount of the adjusted subsidy reduction for a day for a care recipient;
(b) for subsection 44‑21(7) of the Act—the annual cap for a start‑date year for certain classes of care recipients;
(c) for subsection 44‑21(8) of the Act—the lifetime cap for a care recipient;
(d) for subsection 44‑22(3) of the Act—the first asset threshold and the second asset threshold;
(e) for the definition of maximum home value in subsection 44‑26B(1) of the Act—the amount of that value.
43 Amount of adjusted subsidy reduction
For subsection 44‑19(2) of the Act, the amount of the adjusted subsidy reduction for a day for a care recipient is $13.98.
44 Care subsidy reduction—annual cap
For subsection 44‑21(7) of the Act, the annual cap applying at a time in a start‑date year for a care recipient is $30,574.33.
Note: Start‑date year is defined in clause 1 of Schedule 1 to the Act.
45 Care subsidy reduction—lifetime cap
For subsection 44‑21(8) of the Act, the lifetime cap for a care recipient is $73,378.49.
46 Care subsidy reduction—means tested amount—first asset threshold and second asset threshold
For subsection 44‑22(3) of the Act:
(a) the first asset threshold is $186,331.20; and
(b) the second asset threshold is $448,993.60.
47 Value of person’s assets—maximum home value
For the definition of maximum home value in subsection 44‑26B(1) of the Act, the amount is $186,331.20.
Part 4—Amounts of other supplements
Division 1—Accommodation supplement
48 Purpose of this Division
For subsection 44‑28(4) of the Act, this Division sets out the amount of accommodation supplement for a day for an eligible care recipient.
Note: See also Subdivision A of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014.
49 Definitions
In this Division:
assisted resident has the meaning given by clause 1 of Schedule 1 to the Aged Care (Transitional Provisions) Act 1997.
concessional resident has the meaning given by clause 1 of Schedule 1 to the Aged Care (Transitional Provisions) Act 1997.
eligible care recipient means a care recipient who is eligible for accommodation supplement on a day under section 44‑28 of the Act.
low‑means care recipient has the same meaning as in the Subsidy Principles 2014.
newly built residential care service has the meaning given by section 50.
post‑2008 reform resident has the meaning given by section 44‑5C of the Aged Care (Transitional Provisions) Act 1997.
relevant resident means a care recipient to whom residential care as non‑respite care is being provided through a residential care service and who:
(a) is not being provided with care on an extra service basis (within the meaning of subsection 36‑1(1) of the Act); and
(b) enters the service:
(i) if the service was certified under Part 2.6 of the Act (as in force before 17 October 2014) on 1 October 1997—after 30 September 1997; or
(ii) if the service was certified under that Part after 1 October 1997—after the date the service is certified; or
(iii) on or after 17 October 2014.
relevant residential care service, in relation to an eligible care recipient and a day, means the residential care service through which the care recipient is being provided with residential care on that day.
significantly refurbished residential care service has the same meaning as in the Subsidy Principles 2014.
supported resident has the meaning given by clause 1 of Schedule 1 to the Aged Care (Transitional Provisions) Act 1997.
50 Meaning of newly built residential care service
(1) A residential care service is a newly built residential care service if:
(a) each building in which residential care is provided to care recipients through the service was completed on or after 20 April 2012; or
(b) each building in which residential care is provided to care recipients through the service was converted, on or after 20 April 2012, from one or more buildings that, before that date, were used for a purpose other than providing residential care to care recipients through a residential care service.
(2) A residential care service is also a newly built residential care service if:
(a) more than one building is used to provide residential care to care recipients through the service; and
(b) one or more of those buildings was:
(i) completed on or after 20 April 2012; or
(ii) converted, on or after 20 April 2012, from one or more buildings that, before that date, were used for a purpose other than providing residential care to care recipients through a residential care service; and
(c) none of those buildings had been used, before 20 April 2012, to provide residential care to care recipients through a residential care service.
51 Amount of accommodation supplement—matters relating to relevant residential care service
(1) The amount of accommodation supplement for a day for an eligible care recipient is $63.14 if, on the day, the relevant residential care service in relation to the care recipient meets the building requirements specified in Schedule 1 to the Aged Care (Transitional Provisions) Principles 2014 and is:
(a) a newly built residential care service; or
(b) a significantly refurbished residential care service.
(2) The amount of accommodation supplement for a day for an eligible care recipient is $41.17 if, on the day, the relevant residential care service in relation to the care recipient:
(a) is not covered by paragraph (1)(a) or (b); and
(b) meets the building requirements specified in Schedule 1 to the Aged Care (Transitional Provisions) Principles 2014.
(3) The amount of accommodation supplement for a day for an eligible care recipient is $34.58 if the relevant residential care service in relation to the care recipient is not covered by subsection (1) or (2) on the day.
(4) Despite subsection (1), (2) or (3), the amount of accommodation supplement for a day for an eligible care recipient is the amount that applies under subsection (1), (2) or (3), reduced by 25%, if:
(a) not more than 40% of care recipients to whom the relevant residential care service provides residential care, who are both post‑2008 reform residents and relevant residents, are low‑means care recipients or supported residents; or
(b) not more than 40% of relevant residents (if any) to whom the relevant residential care service provides residential care are assisted residents, concessional residents, low‑means care recipients or supported residents.
(5) Despite subsection (1), (2), (3) or (4), an amount of accommodation supplement is not payable for a day for an eligible care recipient under this section if subsection 52(1), (2) or (3) applies in relation to the day and the eligible care recipient.
52 Amount of accommodation supplement—matters relating to eligible care recipient
(1) If an eligible care recipient’s means tested amount on a day is equal to or more than the amount of accommodation supplement for the day for the care recipient under section 51, the amount of accommodation supplement for the day for the care recipient is nil.
Note: Means tested amount is defined in section 44‑22 of the Act.
(2) If an eligible care recipient’s means tested amount on a day is less than the amount of accommodation supplement for the day for the care recipient under section 51 but greater than zero, the amount of accommodation supplement for the day for the care recipient is the difference between:
(a) the amount of accommodation supplement for the day for the care recipient under section 51; and
(b) the care recipient’s means tested amount on the day.
(3) If a financial hardship determination is in force under subsection 52K‑1(1) of the Act in relation to an eligible care recipient on a day, the amount of accommodation supplement for the day for the care recipient is the difference between:
(a) the amount of accommodation supplement for the day for the care recipient under section 51; and
(b) the amount specified in the determination.
Division 2—Hardship supplement
53 Purpose of this Division
For subsection 44‑30(5) of the Act, this Division sets out the amount of the hardship supplement for a day for a care recipient in relation to whom a determination is in force under section 44‑31 of the Act.
Note: See also Subdivision B of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014.
54 Amount of hardship supplement
(1) The amount of the hardship supplement for a day for a care recipient in relation to whom a determination (a financial hardship determination) is in force under section 44‑31 of the Act is the amount that is the difference between:
(a) the maximum daily amount of resident fees for the care recipient worked out under section 52C‑3 of the Act; and
(b) the amount specified in the financial hardship determination.
Division 3—Viability supplement
55 Purpose of this Division
(1) For subsection 44‑27(3) of the Act, this Division sets out the amount of the viability supplement for a day for a care recipient.
(2) For this Division, the viability supplement is the viability supplement set out in Subdivision C of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014.
56 Definitions
In this Division:
1997 scheme service has the same meaning as in the Subsidy Principles 2014.
2001 scheme service has the same meaning as in the Subsidy Principles 2014.
2005 scheme service has the same meaning as in the Subsidy Principles 2014.
2017 scheme service has the same meaning as in the Subsidy Principles 2014.
Isolated Remote Area means a Statistical Local Area classified as “Other Remote” in the RRMA Classification.
Remote Centre means a Statistical Local Area classified as “Remote Centre” in the RRMA Classification.
RRMA Classification means the Rural, Remote and Metropolitan Area Classification, 1991 Census Edition, published by the Australian Government Publishing Service, as in force in November 1994.
Rural Outside Large Centre means a Statistical Local Area classified as “Other Rural” or “Small Rural Centre” in the RRMA Classification.
57 Amount of viability supplement—care recipients being provided with residential care through 1997 scheme services
For a care recipient to whom residential care is provided through a 1997 scheme service on a day, the amount of the viability supplement for the day is the amount specified in the item in the following table that relates to the service on the day.
| Amount of viability supplement—1997 scheme services | |||
| Item | Degree of isolation of service | Number of places allocated in respect of service | Amount ($) |
| 1 | Isolated Remote Area | less than 16 | 56.49 |
| 2 | Isolated Remote Area | more than 15 but less than 30 | 34.73 |
| 3 | Isolated Remote Area | 30 or more | 3.51 |
| 4 | Remote Centre | less than 16 | 26.98 |
| 5 | Remote Centre | more than 15 but less than 30 | 19.17 |
| 6 | Remote Centre | 30 or more | 3.51 |
| 7 | Rural Outside Large Centre | less than 16 | 11.36 |
| 8 | Rural Outside Large Centre | more than 15 but less than 30 | 3.51 |
| 9 | Rural Outside Large Centre | 30 or more | 3.51 |
| 10 | An area not referred to in items 1 to 9 | not applicable | 3.51 |
Note: Terms used in this table are defined in section 56.
58 Amount of viability supplement—care recipients being provided with residential care through 2001 scheme services
For a care recipient to whom residential care is provided through a 2001 scheme service on a day, the amount of the viability supplement for the day is the amount specified 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 65(2) of the Subsidy Principles 2014.
| Amount of viability supplement—2001 scheme services | ||
| Item | Score | Amount ($) |
| 1 | 40 | 3.51 |
| 2 | 50 | 3.93 |
| 3 | 60 | 11.36 |
| 4 | 70 | 19.17 |
| 5 | 80 | 26.98 |
| 6 | 90 | 34.73 |
| 7 | 100 | 56.49 |
59 Amount of viability supplement—care recipients being provided with residential care through 2005 scheme services
For a care recipient to whom residential care is provided through a 2005 scheme service on a day, the amount of the viability supplement for the day is the amount specified in the item in the following table for the score attained by the service on the day under the points calculator in subsection 66(2) of the Subsidy Principles 2014.
| Amount of viability supplement—2005 scheme services | ||
| Item | Score | Amount ($) |
| 1 | 50 | 8.48 |
| 2 | 55 | 12.71 |
| 3 | 60 | 19.01 |
| 4 | 65 | 23.23 |
| 5 | 70 | 33.90 |
| 6 | 75 | 42.23 |
| 7 | 80 | 52.77 |
| 8 | 85 | 63.42 |
| 9 | 90 | 73.95 |
| 10 | 95 | 82.39 |
| 11 | 100 | 92.96 |
60 Amount of viability supplement—safety net for former 1997 scheme services and 2001 scheme services
(1) This section applies in relation to a residential care service if:
(a) on a day, the service is a 2005 scheme service because of subsection 66(6) or (7) of the Subsidy Principles 2014; and
(b) on a later day, the score attained by the service on the later day using the points calculator set out in subsection 66(2) of the Subsidy Principles 2014 is 40 or 45.
(2) For a care recipient to whom residential care is provided through the service on the later day, the amount of the viability supplement for the later day is $3.51.
60A Amount of viability supplement—care recipients being provided with residential care through 2017 scheme services
For a care recipient to whom residential care is provided through a 2017 scheme service on a day, the amount of the viability supplement for the day is the amount specified in the item in the following table for the score attained by the service on the day under the points calculator in subsection 66A(2) of the Subsidy Principles 2014.
| Amount of viability supplement—2017 scheme services | ||
| Item | Score | Amount ($) |
| 1 | 50 | 11.51 |
| 2 | 55 | 15.34 |
| 3 | 60 | 21.02 |
| 4 | 65 | 24.86 |
| 5 | 70 | 34.54 |
| 6 | 75 | 46.07 |
| 7 | 80 | 59.25 |
| 8 | 85 | 70.44 |
| 9 | 90 | 81.49 |
| 10 | 95 | 90.35 |
| 11 | 100 | 101.46 |
60B Amount of viability supplement—safety net for former 1997 scheme services, 2001 scheme services and certain 2005 scheme services
(1) This section applies in relation to a residential care service if the service meets the requirements of subsection (2) or (3).
Former 1997 scheme services and 2001 scheme services
(2) A residential care service meets the requirements of this subsection if:
(a) on a day, the service is a 2017 scheme service because of subsection 66A(6) or (7) of the Subsidy Principles 2014; and
(b) on a later day, the score attained by the service on the later day using the points calculator set out in subsection 66A(2) of the Subsidy Principles 2014 is 40 or 45.
Certain former 2005 scheme services
(3) A residential care service meets the requirements of this subsection if:
(a) on a day, the service is a 2017 scheme service because of subsection 66A(8) of the Subsidy Principles 2014; and
(b) before that day, section 60 of this determination applied in relation to the service; and
(c) on a later day, the score attained by the service on the later day using the points calculator set out in subsection 66A(2) of the Subsidy Principles 2014 is 40 or 45.
Safety net amount
(4) For a care recipient to whom residential care is provided through the service on the later day, the amount of the viability supplement for the later day is $3.51.
Division 4—Veterans’ supplement
61 Purpose of this Division
(1) For subsection 44‑27(3) of the Act, this Division sets out the amount of the veterans’ supplement for a day for a care recipient.
(2) For this Division, the veterans’ supplement is the veterans’ supplement set out in Subdivision D of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014.
62 Amount of veterans’ supplement
The amount of the veterans’ supplement for a day for a care recipient is $7.50.
Division 5—Homeless supplement
63 Purpose of this Division
(1) For subsection 44‑27(3) of the Act, this Division sets out the amount of the homeless supplement for a day for a care recipient.
(2) For this Division, the homeless supplement is the homeless supplement set out in Subdivision E of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014.
64 Amount of homeless supplement
The amount of the homeless supplement for a day for a care recipient is $28.82.
Division 6—COVID‑19 support supplement (for COVID‑19 support payment periods)
64A Purpose of this Division
(1) For the purposes of subsection 44‑27(3) of the Act, this Division sets out the amount of the COVID‑19 support supplement for a day for a care recipient.
(2) For the purposes of this Division, the COVID‑19 support supplement is the COVID‑19 support supplement set out in Subdivision F of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014.
64B Amount of COVID‑19 support supplement
The amount of the COVID‑19 support supplement for a day in a COVID‑19 support payment period mentioned in column 1 of an item of the following table, for a care recipient provided with residential care through a residential care service with a street address that has a Modified Monash Model classification mentioned in column 2 of the item, is the amount mentioned in column 3 of the item.
| Amount of COVID‑19 support supplement | |||
| Item | Column 1 COVID‑19 support payment period | Column 2 Modified Monash Model classification | Column 3 Amount ($) |
| 1 | The payment period beginning on 1 February 2020 | MMM 1 | 31.38 |
| 2 | The payment period beginning on 1 February 2020 | MMM 2, MMM 3, MMM 4, MMM 5, MMM 6 or MMM 7 | 47.07 |
| 3 | The payment period beginning on 1 June 2020 | MMM 1 | 32.48 |
| 4 | The payment period beginning on 1 June 2020 | MMM 2, MMM 3, MMM 4, MMM 5, MMM 6 or MMM 7 | 47.81 |
Division 7—Residential care support supplement (for February 2021 payment period)
64C Purpose of this Division
(1) For the purposes of subsection 44‑27(3) of the Act, this Division sets out the amount of the residential care support supplement for a day for a care recipient.
(2) For the purposes of this Division, the residential care support supplement is the residential care support supplement set out in Subdivision G of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014.
64D Amount of residential care support supplement (for February 2021 payment period)
The amount of the residential care support supplement for a day for a care recipient is:
(a) for a care recipient provided with residential care through a residential care service with a street address that has a Modified Monash Model classification of MMM 1—$27.25; and
(b) for a care recipient provided with residential care through a residential care service with a street address that has a Modified Monash Model classification of MMM 2, MMM 3, MMM 4, MMM 5, MMM 6 or MMM 7—$40.88.
Division 8—2021 basic daily fee supplement (for payment periods July 2021 to September 2022)
64E Purpose of this Division
(1) For the purposes of subsection 44‑27(3) of the Act, this Division sets out the amount of the 2021 basic daily fee supplement for a day for a care recipient.
(2) For the purposes of this Division, the 2021 basic daily fee supplement is the 2021 basic daily fee supplement set out in Subdivision H of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014.
64F Amount of 2021 basic daily fee supplement (for payment periods July 2021 to September 2022)
The amount of the 2021 basic daily fee supplement for a day for a care recipient is $10.00.
Chapter 2A—Residential care subsidy for payment periods beginning on or after 1 October 2022
Part 1—Preliminary
64G Application of this Chapter
This Chapter applies in relation to a payment period that begins on or after 1 October 2022.
64H Definitions
In this Chapter:
applicable amount for a day for a care recipient: see section 64J.
ATSI care percentage for a residential care service: see subsection 64X(2).
ATSI transition period for a residential care service: see subsection 64N(2).
classification means a classification under Part 2.4A of the Act.
has specialised ATSI status on a day: see subsections 64N(1) and (3).
has specialised homeless status on a day: see subsections 64R(1), (2) and (4).
homeless care percentage for a residential care service: see subsection 64Y(2).
homeless supplement means:
(a) the homeless supplement set out in Subdivision E of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014; or
(b) the homeless supplement set out in Subdivision D of Division 8 of Part 3 of Chapter 2 of the Aged Care (Transitional Provisions) Principles 2014.
homeless transition period for a residential care service: see subsection 64R(3).
MM category means a category for an area provided for by the Modified Monash Model and known as MM 1, MM 2, MM 3, MM 4, MM 5, MM 6 or MM 7.
Modified Monash Model means the model known as the Modified Monash Model (MMM) 2019 developed by the Department to categorise areas according to geographical remoteness and population size, as the model exists on 1 October 2022.
national efficient price: the national efficient price for residential care activity is $216.80.
newly built residential care service: see section 50.
non‑respite classification amount for a care recipient for a day: see section 64K.
NWAU (short for National Weighted Activity Unit) means a measure of residential care activity, expressed as a common unit, against which the national efficient price is set.
operational places: see subsection 64M(2).
residential care percentage for a residential care service: see subsection 64ZP(3).
respite classification amount for a care recipient for a day: see section 64L.
service amount for a care recipient for a day: see section 64M.
significantly refurbished residential care service has the same meaning as in the Subsidy Principles 2014.
specialist ATSI programs means specialist programs for Aboriginal or Torres Strait Islander persons and includes, but is not limited to, the following:
(a) programs to deliver care and services that are culturally safe for, and tailored to meet the particular needs of, the Aboriginal or Torres Strait Islander persons being provided with residential care through the residential care service in question;
(b) programs to promote social and cultural engagement and participation of Aboriginal or Torres Strait Islander persons;
(c) any other relevant programs that the Secretary considers appropriate.
specialist homeless programs means specialist programs for persons with a background as a homeless person and includes, but is not limited to, the following:
(a) programs and interventions to manage complex behavioural needs of persons with that background;
(b) programs to promote social engagement and participation of persons with that background;
(c) any other relevant programs that the Secretary considers appropriate.
64J Meaning of applicable amount for a day for a care recipient
(1) If:
(a) a care recipient is provided with residential care through a residential care service on a day; and
(b) on the day, the service meets the building requirements specified in Schedule 1 to the Aged Care (Transitional Provisions) Principles 2014; and
(c) the service is:
(i) a newly built residential care service; or
(ii) a significantly refurbished residential care service;
the applicable amount for the day for the recipient is $65.49.
(2) If:
(a) a care recipient is provided with residential care through a residential care service on a day; and
(b) on the day, the service meets the building requirements specified in Schedule 1 to the Aged Care (Transitional Provisions) Principles 2014; and
(c) the service is not:
(i) a newly built residential care service; or
(ii) a significantly refurbished residential care service;
the applicable amount for the day for the recipient is $42.70.
(3) If:
(a) a care recipient is provided with residential care through a residential care service on a day; and
(b) on the day, the service does not meet the building requirements specified in Schedule 1 to the Aged Care (Transitional Provisions) Principles 2014;
the applicable amount for the day for the recipient is $35.87.
64K Meaning of non‑respite classification amount for a care recipient for a day
The non‑respite classification amount for a care recipient for a day is the amount worked out by multiplying the national efficient price by the NWAU worked out using the following table.
| NWAU | ||
| Item | If the classification level for the classification of the recipient for non‑respite care that is in effect on the day is ... | the NWAU is ... |
| 1 | Class 1 | 1.00 |
| 2 | Class 2 | 0.19 |
| 3 | Class 3 | 0.31 |
| 4 | Class 4 | 0.21 |
| 5 | Class 5 | 0.37 |
| 6 | Class 6 | 0.35 |
| 7 | Class 7 | 0.49 |
| 8 | Class 8 | 0.54 |
| 9 | Class 9 | 0.54 |
| 10 | Class 10 | 0.87 |
| 11 | Class 11 | 0.83 |
| 12 | Class 12 | 0.81 |
| 13 | Class 13 | 1.00 |
Note: The classification levels for classifications for non‑respite care are those provided for by section 40 of the Classification Principles 2014.
64L Meaning of respite classification amount for a care recipient for a day
The respite classification amount for a care recipient for a day is the amount worked out by multiplying the national efficient price by the NWAU worked out using the following table.
| NWAU | ||
| Item | If the classification level for the classification of the recipient for respite care that is in effect on the day is ... | the NWAU is ... |
| 1 | Respite Class 1 | 0.304 |
| 2 | Respite Class 2 | 0.404 |
| 3 | Respite Class 3 | 0.864 |
Note: The classification levels for classifications for respite care are those provided for by section 39 of the Classification Principles 2014.
64M Meaning of service amount for a care recipient for a day
(1) If:
(a) a care recipient is provided with residential care on a day through a residential care service; and
(b) on the day, the service meets the requirements set out in column 1 of an item of the following table;
the service amount for the recipient for the day is the amount worked out in accordance with column 2 of the item.
| Requirements and amount | ||
| Item | Column 1 Requirements | Column 2 Amount |
| 1 | The service: (a) has specialised ATSI status; and (b) has a street address that is in the MM category known as MM 7 | The amount worked out using the formula in subsection (2) if it were assumed that the NWAU were 1.80 |
| 2 | The service: (a) has specialised ATSI status; and (b) has a street address that is in the MM category known as MM 6 | The amount worked out using the formula in subsection (2) if it were assumed that the NWAU were 0.78 |
| 3 | All of the following apply: (a) the service does not have specialised ATSI status or specialised homeless status; (b) the service has a street address that is in the MM category known as MM 6 or MM 7; (c) the number of operational places in respect of the service is less than 30 | The amount worked out using the formula in subsection (2) if it were assumed that the NWAU were 0.68 |
| 4 | All of the following apply: (a) the service does not have specialised ATSI status or specialised homeless status; (b) the service has a street address that is in the MM category known as MM 6 or MM 7; (c) the number of operational places in respect of the service is 30 or more | The sum of the following amounts: (a) the amount worked out using the formula in subsection (2) if it were assumed that the NWAU were 0.68 and that the number of operational places were 29; (b) the amount worked out using the formula in subsection (2) if it were assumed that the NWAU were 0.52 and that the number of operational places were reduced by 29 |
| 5 | The service: (a) does not have specialised homeless status; and (b) has a street address that is in the MM category known as MM 5 | The amount worked out by multiplying the national efficient price by the NWAU of 0.55 |
| 6 | The service: (a) has specialised homeless status; and (b) has a street address that is in any of the MM categories | The amount worked out by multiplying the national efficient price by the NWAU of 0.92 |
| 7 | The service: (a) does not have specialised homeless status; and (b) has a street address that is in an MM category known as MM 1, MM 2, MM 3 or MM 4 | The amount worked out by multiplying the national efficient price by the NWAU of 0.49 |
(2) For the purposes of items 1 to 4 of the table in subsection (1), the formula is:
where:
occupied places means the total number of places allocated under Part 2.2 of the Act to a person in respect of the relevant residential care service to which all of the following apply:
(a) the places are not provisionally allocated on the relevant day;
(b) the places are places in respect of which:
(i) residential care is provided through the service to a care recipient on the relevant day; and
(ii) subsidy is payable for the provision of that care under Part 3.1 of the Act or Part 3.1 of the Aged Care (Transitional Provisions) Act 1997.
Note: A care recipient who is on leave from the service is taken to be provided with residential care by the approved provider operating the service (see section 42‑2 of the Act and section 42‑2 of the Aged Care (Transitional Provisions) Act 1997).
operational places means the total number of places allocated under Part 2.2 of the Act to a person in respect of the relevant residential care service to which all of the following apply:
(a) the places are not provisionally allocated on the relevant day;
(b) if a notice relating to the service has been given under subsection 27B(2) of the Accountability Principles 2014—the places are not places specified in the notice as offline places (within the meaning of paragraph 27B(3)(b) of those principles) for a period in which the relevant day occurs;
(c) the places are places in respect of which subsidy would be payable under Part 3.1 of the Act, or Part 3.1 of the Aged Care (Transitional Provisions) Act 1997, if a care recipient were provided with residential care through the service on the relevant day.
Part 2—Specialised ATSI or homeless status
Division 1—Specialised ATSI status
64N Specialised ATSI status
Specialised ATSI status during ATSI transition period
(1) A residential care service has specialised ATSI status on each day during the ATSI transition period for the service if:
(a) the service had a street address that is in the MM category known as MM 6 or MM 7 on a day (the test day) during the payment period beginning on 1 June 2022; and
(b) either:
(i) on the test day; or
(ii) on a day during at least 8 of the payment periods occurring between 1 July 2021 and 30 June 2022;
at least 50% of the care recipients (including continuing care recipients) provided with residential care as non‑respite care through the service were Aboriginal or Torres Strait Islander persons; and
(c) if an election in relation to the service may be given to Secretary under section 64S—no such election has been given to Secretary.
(2) The ATSI transition period for a residential care service is the period that:
(a) begins on 1 October 2022; and
(b) ends at the earliest of the following:
(i) the end of 31 March 2023;
(ii) if the specialised ATSI status of the service is revoked under Division 3 of this Part—when the revocation takes effect;
(iii) if an election in relation to the service has been given to the Secretary in accordance with section 64S—immediately before the first day of the first payment period that begins after the election is given.
Determination of specialised ATSI status
(3) A residential care service has specialised ATSI status on a day if:
(a) a determination has been made under subsection 64Q(2) in relation to the service; and
(b) the day is a day during the period specified in the notice relating to the determination that was given under subsection 64Q(4).
Note: The period specified in the notice may end earlier if the specialised ATSI status of the service is revoked under Division 3 of this Part.
64P Application for determination that residential care service has specialised ATSI status
(1) An approved provider may apply to the Secretary for a determination that a residential care service operated by the provider has specialised ATSI status.
(2) The application must:
(a) be made in writing; and
(b) be in a form approved by the Secretary (if any); and
(c) be accompanied by any documents or information specified by the Secretary.
Request for further information
(3) If the Secretary needs further information to make a decision on the application, the Secretary may, by written notice, request the approved provider to give further information to the Secretary within 28 days after the notice is given.
(4) If the approved provider does not give the requested further information within the period mentioned in subsection (3), the application is taken to be withdrawn at the end of that period.
(5) A notice given under subsection (3) must set out the effect of subsection (4).
Bar on application if previous specialised ATSI status revoked
(6) If:
(a) the residential care service previously had specialised ATSI status on a day; and
(b) that status of the service was revoked under section 64X;
the approved provider must not make an application in relation to the service under subsection (1) until at least 3 months have passed since that revocation took effect.
(7) If subsection (6) applies in relation to an approved provider in respect of a residential care service, then both of the following apply:
(a) the Secretary is not required to consider an application made under subsection (1) in relation to the service before the end of the period specified in subsection (6);
(b) the application is taken to be withdrawn.
64Q Determination that residential care service has specialised ATSI status
(1) This section applies if an approved provider makes an application under subsection 64P(1) for a determination that a residential care service has specialised ATSI status.
Determination by Secretary
(2) The Secretary must determine that the residential care service has specialised ATSI status if the Secretary is satisfied that:
(a) on the day before the application was made, the service had a street address that is in the MM category known as MM 6 or MM 7; and
(b) on the day before the application was made, at least 50% of the care recipients (including continuing care recipients) provided with residential care as non‑respite care through the service were Aboriginal or Torres Strait Islander persons; and
(c) the approved provider, or an individual who is one of the key personnel of the provider, has demonstrated experience in providing, or the capacity to provide, specialist ATSI programs; and
Part 2—Amount of flexible care subsidy—care provided through innovative care service
102 Purpose of this Part
For section 52‑1 of the Act, this Part sets out the method for working out the amount of flexible care subsidy for a day for a care recipient who is being provided with flexible care through an innovative care service.
103 Definitions
In this Part:
dementia and cognition supplement means the dementia and cognition supplement set out in Subdivision C of Division 2 of Part 2 of Chapter 3 of the Subsidy Principles 2014.
eligible care recipient means a care recipient who would be eligible for the dementia and cognition supplement or the veterans’ supplement if the care recipient were receiving home care.
innovative care service has the meaning given by section 105 of the Subsidy Principles 2014.
veterans’ supplement means the veterans’ supplement set out in Subdivision D of Division 2 of Part 2 of Chapter 3 of the Subsidy Principles 2014.
104 Amount of flexible care subsidy
(1) For a care recipient who is being provided with care through an innovative care service by an approved provider specified in column 1 of an item in the following table, the amount of flexible care subsidy for a day is:
(a) the amount specified in column 2 of the item; or
(b) if the care recipient is an eligible care recipient—the sum of:
(i) the amount specified in column 2 of the item; and
(ii) $16.79.
| Amount of flexible care subsidy | ||
| Item | Column 1 Approved provider | Column 2 Amount ($) |
| 1 | Multiple Sclerosis Society of Victoria | 72.83 |
| 2 | Helping Hand Aged Care Inc. | 66.06 |
| 3 | Senses Foundation Inc. | 82.70 |
| 4 | Li‑Ve Tasmania | 74.78 |
| 5 | New Horizons Enterprises Limited | 76.89 |
| 6 | Uniting Church in Australia Property Trust (NSW) Springwood Retirement Village | 71.03 |
(2) For a care recipient who is being provided with care through an innovative care service by an approved provider specified in column 1 of an item in the following table, the amount of flexible care subsidy for a day is:
(a) the amount specified in column 2 of the item; or
(b) if the care recipient is an eligible care recipient—the sum of:
(i) the amount specified in column 2 of the item; and
(ii) $5.09.
| Amount of flexible care subsidy | ||
| Item | Column 1 Approved provider | Column 2 Amount ($) |
| 1 | Riverland Mallee Coorong Local Health Network Incorporated | 37.11 |
Part 3—Amount of flexible care subsidy—care provided as transition care
105 Purpose of this Part
For section 52‑1 of the Act, this Part sets out a method for working out the amount of flexible care subsidy for a day for a care recipient who is being provided with transition care (as defined by section 106 of the Subsidy Principles 2014) through a flexible care service.
106 Amount of flexible care subsidy
(1) The amount of flexible care subsidy for a day for a care recipient is the sum of:
(a) the basic subsidy amount for the day for the care recipient; and
(b) the dementia and veterans’ supplement equivalent amount for the day for the care recipient.
Basic subsidy amount
(2) For paragraph (1)(a), the basic subsidy amount for the day for the care recipient is $213.73.
Dementia and veterans’ supplement equivalent amount
(3) For paragraph (1)(b), the dementia and veterans’ supplement equivalent amount for the day for the care recipient is $4.30.
Part 4—Amount of flexible care subsidy—care provided as short‑term restorative care
106A Purpose of this Part
For section 52‑1 of the Act, this Part sets out a method for working out the amount of flexible care subsidy for a day for a care recipient who is being provided with short‑term restorative care (as defined by section 106A of the Subsidy Principles 2014) through a flexible care service.
106B Amount of flexible care subsidy
(1) The amount of flexible care subsidy for a day for a care recipient is the sum of:
(a) the basic subsidy amount for the day for the care recipient; and
(b) the dementia and veterans’ supplement equivalent amount for the day for the care recipient.
Basic subsidy amount
(2) For paragraph (1)(a), the basic subsidy amount for the day for the care recipient is $213.73.
Dementia and veterans’ supplement equivalent amount
(3) For paragraph (1)(b), the dementia and veterans’ supplement equivalent amount for the day for the care recipient is $4.30.
Chapter 5—Fees and payments
Part 1A—Resident fees
106C Purpose of this Part
This Part is made for the purposes of section 52C‑5 of the Act.
106D Maximum daily amount of resident fees for reserving a place
The maximum fee in respect of a day that a care recipient can be charged for reserving a place in a residential care service for the day is the amount equal to the sum of the following amounts:
(a) the maximum daily amount of resident fees (within the meaning of section 52C‑3 of the Act) that would have been payable by the recipient if the recipient had been provided with residential care through the service on the day;
(b) the amount of residential care subsidy that would have been payable to the approved provider operating the service in respect of the recipient for the day if:
(i) the recipient had been provided with residential care through the service on the day; and
(ii) it were assumed that the service amount for the recipient for the day were the amount that would be worked out under subsection 64M(1) in respect of a residential care service that meets, on the day, the requirements set out in column 1 of item 7 of the table in that subsection.
Part 1—Home care fees
107 Purpose of this Part
For paragraph 52D‑3(a) of the Act, this Part sets out the basic daily care fee for certain care recipients who are being provided with home care through a home care service.
107A Basic daily care fee
The basic daily care fee is the following amount:
(a) if the care recipient’s level of home care is level 1—$10.88;
(b) if the care recipient’s level of home care is level 2—$11.50;
(c) if the care recipient’s level of home care is level 3—$11.83;
(d) if the care recipient’s level of home care is level 4—$12.14.
108 Basic daily care fee during suspension period
If:
(a) the provision of home care to a care recipient is suspended during a period (the suspension period) under section 46‑2 of the Act; and
(b) during the suspension period, the care recipient is receiving:
(i) transition care (as defined by section 106 of the Subsidy Principles 2014); or
(ii) residential care provided as respite care;
the basic daily care fee for a care recipient for a day during the suspension period is nil.
Part 2—Accommodation payments
109 Purpose of this Part
For section 52G‑3 of the Act, this Part specifies:
(a) the maximum refundable accommodation deposit amount that an approved provider may charge a person; and
(b) the method for working out the maximum daily accommodation payment amount that an approved provider may charge a person.
110 Maximum refundable accommodation deposit amount
The maximum refundable accommodation deposit amount that an approved provider may charge a person is $550 000.00.
Note: An approved provider may charge a person a refundable accommodation deposit amount of up to the amount specified in this section without obtaining approval from the Pricing Authority. However, if an approved provider wishes to charge an amount of accommodation payment that is higher than the refundable accommodation deposit amount specified in this section, the approved provider may apply to the Pricing Authority for approval to charge the higher amount (see section 52G‑4 of the Act and Division 3 of Part 4 of the Fees and Payments Principles 2014 (No. 2)).
111 Maximum daily accommodation payment amount
(1) The maximum daily accommodation payment amount that an approved provider may charge a person is the amount worked out as follows:
Maximum daily accommodation payment amount calculator
Step 1. Work out the maximum permissible interest rate for the person using the calculator in subsection (2).
Step 2. Multiply the rate worked out at step 1 by $550 000.00 (being the maximum refundable accommodation deposit amount referred to in section 110).
Step 3. Divide the amount worked out at step 2 by 365.
The result is the maximum daily accommodation payment amount that the approved provider may charge the person.
(2) The maximum permissible interest rate for the person is worked out as follows:
Maximum permissible interest rate calculator
Step 1. Work out the general interest charge rate for the person’s price agreement day under section 8AAD of the Taxation Administration Act 1953.
Step 2. Multiply the rate worked out at step 1 by the number of days in the calendar year in which the person’s price agreement day falls.
Step 3. Subtract 3 percentage points from the amount worked out at step 2.
The result is the maximum permissible interest rate for the person.
(3) For subsection (2), the person’s price agreement day is the day on which the person and the approved provider of the service agree, under paragraph 52F‑1(1)(b) of the Act, about the maximum amount that would be payable if the person paid an accommodation payment for the service.
Part 3—Daily payments
112 Purpose of this Part
For subsection 52H‑3(4) of the Act, this Part sets out the maximum rate of interest that may be charged on an outstanding amount of daily payment.
113 Maximum rate of interest that may be charged on outstanding amount of daily payment
(1) The maximum rate of interest that may be charged on an outstanding amount of daily payment is the maximum permissible interest rate for the day (the relevant day) on which the daily payment became due and payable.
(2) The maximum permissible interest rate for the relevant day is worked out as follows:
Maximum permissible interest rate calculator
Step 1. Work out the general interest charge rate for the relevant day under section 8AAD of the Taxation Administration Act 1953.
Step 2. Multiply the rate worked out at step 1 by the number of days in the calendar year in which the relevant day falls.
Step 3. Subtract 3 percentage points from the amount worked out at step 2.
The result is the maximum permissible interest rate for the relevant day.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Aged Care (Subsidy, Fees and Payments) Determination 2014 | 28 June 2014 (F2014L00875) | 1 July 2014 (s 2) | |
| Aged Care (Subsidy, Fees and Payments) Amendment (September 2014 Indexation) Determination 2014 | 18 Sept 2014 (F2014L01241) | 20 Sept 2014 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (March 2015 Indexation) Determination 2015 | 18 Mar 2015 (F2015L00316) | 20 Mar 2015 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (Indexation, Pre‑Entry Leave and Other Measures) Determination 2015 | 30 June 2015 (F2015L00996) | Sch 1 and 2: 1 July 2015 (s 2(1) items 1, 2) Sch 3: 17 Sept 2015 (s 2(1) item 3) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (Removal of Certification and Other Measures) Determination 2015 | 30 June 2015 (F2015L00997) | 1 July 2015 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (September 2015 Indexation) Determination 2015 | 18 Sept 2015 (F2015L01454) | 20 Sept 2015 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (March 2016 Indexation and Other Measures) Determination 2016 | 18 Mar 2016 (F2016L00349) | 20 Mar 2016 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (Short‑term Restorative Care) Determination 2016 | 6 May 2016 (F2016L00674) | 6 May 2016 (s 2(1) item 1) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (July Indexation) Determination 2016 | 30 June 2016 (F2016L01105) | 1 July 2016 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (September 2016 Indexation) Determination 2016 | 19 Sept 2016 (F2016L01451) | 20 Sept 2016 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment ((Increasing Consumer Choice) Determination 2016 | 23 Sept 2016 (F2016L01495) | Sch 1 (items 1–10): 27 Feb 2017 (s 2(1) item 1) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (Viability Supplement) Determination 2016 | 16 Dec 2016 (F2016L01984) | 1 Jan 2017 (s 2(1) item 1) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (March 2017 Indexation) Determination 2017 | 17 Mar 2017 (F2017L00244) | 20 Mar 2017 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (Innovative Care) Determination 2017 | 25 May 2017 (F2017L00599) | 26 May 2017 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (July Indexation) Determination 2017 | 21 June 2017 (F2017L00714) | 1 July 2017 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment Determination 2017 | 23 June 2017 (F2017L00743) | 1 July 2017 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (September 2017 Indexation) Determination 2017 | 13 Sept 2017 (F2017L01180) | 20 Sept 2017 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (March 2018 Indexation) Determination 2018 | 16 Mar 2018 (F2018L00278) | 20 Mar 2018 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (July Indexation) Determination 2018 | 27 June 2018 (F2018L00892) | 1 July 2018 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (September 2018 Indexation) Determination 2018 | 17 Sept 2018 (F2018L01297) | 20 Sept 2018 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (March Indexation and Other Measures) Determination 2019 | 14 Mar 2019 (F2019L00302) | 20 Mar 2019 (s 2) | — |
| Aged Care Legislation Amendment (Reducing Home Care Fees) Instrument 2019 | 20 June 2019 (F2019L00844) | Sch 1 (items 1, 2): 1 July 2019 (s 2(1) item 1) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (July Indexation) Determination 2019 | 27 June 2019 (F2019L00895) | 1 July 2019 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (September Indexation) Determination 2019 | 19 Sept 2019 (F2019L01218) | 20 Sept 2019 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (March Indexation) Determination 2020 | 19 Mar 2020 (F2020L00275) | 20 Mar 2020 (s 2) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (Workforce Continuity Funding) Determination 2020 | 30 Mar 2020 (F2020L00352) | 1 Mar 2020 (s 2(1) item 1) | — |
| Aged Care Legislation Amendment (Subsidies—COVID‑19 Support) Instrument 2020 | 26 May 2020 (F2020L00615) | Sch 1 (items 1, 2): 27 May 2020 (s 2(1) item 1) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (Adjusted Subsidy Reduction Multi‑purpose Services) Determination 2020 | 29 June 2020 (F2020L00830) | 1 July 2020 (s 2 (1) item 1) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (July Indexation) Determination 2020 | 30 June 2020 (F2020L00842) | 1 July 2020 (s 2 (1) item 1) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (Cessation of Temporary Funding Increases) Determination 2020 | 28 Aug 2020 (F2020L01077) | 1 Sept 2020 (s 2(1) item 1) | — |
| Aged Care Legislation Amendment (Subsidies—COVID‑19 Support Supplement and Workforce Continuity Funding Measures No. 2) Instrument 2020 | 18 Sept 2020 (F2020L01183) | Sch 1 (items 1–4): 19 Sept 2020 (s 2(1) item 2) Sch 2 (items 1–15): 1 Sept 2020 (s 2(1) item 3) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (September Indexation) Determination 2020 | 19 Sept 2020 (F2020L01188) | 20 Sept 2020 (s 2) | — |
| Aged Care Legislation Amendment (Basic Subsidy Amount—COVID‑19 Support) Determination 2020 | 10 Feb 2021 (F2021L00111) | Sch 1 (item 1): 11 Feb 2021 (s 2(1) item 1) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (Cessation of Temporary Home Care Viability Supplement Funding Increases) Determination 2021 | 24 Feb 2021 (F2021L00146) | 1 Mar 2021 (s 2(1) item 1) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (March Indexation) Determination 2021 | 16 Mar 2021 (F2021L00237) | 20 Mar 2021 (s 2(1) item 1) | — |
| Aged Care Legislation Amendment (Subsidies—Residential Care Support Supplement) Instrument 2021 | 29 Mar 2021 (F2021L00355) | Sch 1 (items 1, 2): 30 Mar 2021 (s 2(1) item 1) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (July Indexation) Determination 2021 | 29 June 2021 (F2021L00900) | 1 July 2021 (s 2(1) item 1) | — |
| Aged Care Legislation Amendment (Subsidies—Royal Commission Response) Instrument 2021 | 30 June 2021 (F2021L00913) | Sch 1 (items 1, 2): 1 July 2021 (s 2(1) item 1) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (September Indexation) Determination 2021 | 8 Sept 2021 (F2021L01244) | 20 Sept 2021 (s 2(1) item 1) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (March Indexation) Determination 2022 | 15 Mar 2022 (F2022L00314) | 20 Mar 2022 (s 2(1) item 1) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (July Indexation) Determination 2022 | 29 June 2022 (F2022L00853) | 1 July 2022 (s 2(1) item 1) | — |
| Aged Care Legislation Amendment (Independent Health and Aged Care Pricing Authority) Instrument 2022 | 11 Aug 2022 (F2022L01059) | Sch 1 (item 1): 12 Aug 2022 (s 2(1) item 1) | — |
| Aged Care (Subsidy, Fees and Payments) Amendment (September Indexation) Determination 2022 | 15 Sept 2022 (F2022L01206) | 20 Sept 2022 (s 2(1) item 1) | — |
| Aged Care Legislation Amendment (Residential Aged Care Funding) Instrument 2022 | 29 Sept 2022 (F2022L01276) | Sch 1 (items 1–5) and Sch 3 (item 8): 1 Oct 2022 (s 2(1) item 1) | — |
| Aged Care Legislative Amendment (March Indexation) Instrument 2023 | 17 Mar 2023 (F2023L00236) | Sch 1 (item 1): 20 Mar 2023 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Chapter 1 | |
| s 2............................................. | rep LIA s 48D |
| Chapter 2 | |
| Chapter 2 heading..................... | am F2022L01276 |
| Part 1A | |
| Part 1A...................................... | ad F2022L01276 |
| s 4A.......................................... | ad F2022L01276 |
| Part 1 | |
| Division 1 | |
| s 4............................................. | am F2016L01495; F2016L01984; F2020L01183 |
| s 6............................................. | am F2022L01276 |
| s 7............................................. | am F2015L00996; F2016L01105; F2017L00714; F2017L00743; F2018L00892; F2018L01297; F2019L00302; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2021L00900; F2022L00853 |
| s 9............................................. | am F2021L00111 |
| s 10........................................... | rs F2015L00996 |
| rep F2015L00996 | |
| Division 2 | |
| s 12........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00302; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2021L00900; F2022L00853 |
| Part 2 | |
| Division 1 | |
| s 16........................................... | am F2015L00997 |
| s 17........................................... | am F2014L01241; F2015L00316 |
| rs F2015L00997 | |
| am F2015L01454; F2016L00349; F2016L01451; F2017L00244; F2017L01180; F2018L00278; F2018L01297; F2019L00302; F2019L01218; F2020L00275; F2021L00237; F2021L01244; F2022L00314; F2022L01206 | |
| s 18........................................... | am F2014L01241; F2015L00316; F2015L00997; F2015L01454; F2016L00349; F2016L01451; F2017L00244; F2017L01180; F2018L00278; F2018L01297; F2019L00302; F2019L01218; F2020L00275; F2021L00237; F2021L01244; F2022L00314; F2022L01206 |
| Division 2 | |
| s 23........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00895; F2020L00842; F2021L00900; F2022L00853 |
| Division 3 | |
| s 25........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00895; F2020L00842; F2021L00900; F2022L00853 |
| Division 4................................. | rep 1 Nov 2014 (s 28) |
| s 26........................................... | rep 1 Nov 2014 (s 28) |
| s 27........................................... | rep 1 Nov 2014 (s 28) |
| s 28........................................... | rep 1 Nov 2014 (s 28) |
| Division 5................................. | rep 1 Apr 2015 (s 29(3)) |
| Subdivision A........................... | rep 1 Apr 2015 (s 29(3)) |
| s 29........................................... | rep 1 Apr 2015 (s 29(3)) |
| s 30........................................... | rep 1 Apr 2015 (s 29(3)) |
| s 31........................................... | rep 1 Apr 2015 (s 29(3)) |
| Subdivision B........................... | rep 1 Apr 2015 (s 29(3)) |
| s 32........................................... | rep 1 Apr 2015 (s 29(3)) |
| s 33........................................... | rep 1 Apr 2015 (s 29(3)) |
| s 34........................................... | rep 1 Apr 2015 (s 29(3)) |
| s 35........................................... | rep 1 Apr 2015 (s 29(3)) |
| s 36........................................... | rep 1 Apr 2015 (s 29(3)) |
| Subdivision C........................... | rep 1 Apr 2015 (s 29(3)) |
| s 37........................................... | rep 1 Apr 2015 (s 29(3)) |
| s 38........................................... | rep 1 Apr 2015 (s 29(3)) |
| s 39........................................... | rep 1 Apr 2015 (s 29(3)) |
| s 40........................................... | rep 1 Apr 2015 (s 29(3)) |
| s 41........................................... | rep 1 Apr 2015 (s 29(3)) |
| Part 3 | |
| s 43........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00895; F2020L00842; F2021L00900; F2022L00853 |
| s 44........................................... | am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244; F2017L01180; F2018L00278; F2018L01297; F2019L00302; F2019L01218; F2020L00275; F2021L00237; F2021L01244; F2022L00314; F2022L01206 |
| s 45........................................... | am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244; F2017L01180; F2018L00278; F2018L01297; F2019L00302; F2019L01218; F2020L00275; F2021L00237; F2021L01244; F2022L00314; F2022L01206 |
| s 46........................................... | am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244; F2017L01180; F2018L00278; F2018L01297; F2019L00302; F2019L01218; F2020L00275; F2021L00237; F2021L01244; F2022L00314; F2022L01206 |
| s 47........................................... | am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244; F2017L01180; F2018L00278; F2018L01297; F2019L00302; F2019L01218; F2020L00275; F2021L00237; F2021L01244; F2022L00314; F2022L01206 |
| Part 4 | |
| Division 1 | |
| s 49........................................... | am F2015L00997; F2022L01276 |
| s 51........................................... | am F2014L01241; F2015L00316; F2015L00997; F2015L01454; F2016L00349; F2016L01451; F2017L00244; F2017L01180; F2018L00278; F2018L01297; F2019L00302; F2019L01218; F2020L00275; F2021L00237; F2021L01244; F2022L00314; F2022L01206 |
| s 52........................................... | am F2015L00996 |
| Division 2 | |
| s 54........................................... | am F2015L00996 |
| Division 3 | |
| s 56........................................... | am F2016L01984 |
| s 57........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00302; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2020L01183; F2021L00900; F2022L00853 |
| s 58........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00302; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2020L01183; F2021L00900; F2022L00853 |
| s 59........................................... | am F2015L00996; F2016L01105; F2016L01984; F2017L00714; F2018L00892; F2019L00302; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2020L01183; F2021L00900; F2022L00853 |
| s 60........................................... | am F2015L00996; F2016L01105 |
| rs F2016L01984 | |
| ed C10 | |
| am F2017L00714; F2018L00892; F2019L00302; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2020L01183; F2021L00900; F2022L00853 | |
| s 60A........................................ | ad F2016L01984 |
| am F2017L00714; F2018L00892; F2019L00302; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2020L01183; F2021L00900; F2022L00853 | |
| s 60B........................................ | ad F2016L01984 |
| am F2019L00302; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2020L01183; F2021L00900; F2022L00853 | |
| Division 4 | |
| s 62........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00895; F2020L00842; F2021L00900; F2022L00853 |
| Division 5 | |
| s 64........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00302; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2020L01183; F2021L00900; F2022L00853 |
| Division 6 | |
| Division 6 heading.................... | am F2020L01183 |
| Division 6................................. | ad F2020L00615 |
| s 64A........................................ | ad F2020L00615 |
| s 64B........................................ | ad F2020L00615 |
| rs F2020L01183 | |
| Division 7 | |
| Division 7................................. | ad F2021L00355 |
| s 64C........................................ | ad F2021L00355 |
| s 64D........................................ | ad F2021L00355 |
| Division 8 | |
| Division 8................................. | ad F2021L00913 |
| s 64E........................................ | ad F2021L00913 |
| s 64F......................................... | ad F2021L00913 |
| Chapter 2A | |
| Chapter 2A................................ | ad F2022L01276 |
| Part 1 | |
| s 64G........................................ | ad F2022L01276 |
| s 64H........................................ | ad F2022L01276 |
| s 64J......................................... | ad F2022L01276 |
| am F2023L00236 | |
| s 64K........................................ | ad F2022L01276 |
| s 64L........................................ | ad F2022L01276 |
| s 64M....................................... | ad F2022L01276 |
| Part 2 | |
| Division 1 | |
| s 64N........................................ | ad F2022L01276 |
| s 64P......................................... | ad F2022L01276 |
| s 64Q........................................ | ad F2022L01276 |
| Division 2 | |
| s 64R........................................ | ad F2022L01276 |
| s 64S......................................... | ad F2022L01276 |
| s 64T........................................ | ad F2022L01276 |
| s 64U........................................ | ad F2022L01276 |
| Division 3 | |
| s 64V........................................ | ad F2022L01276 |
| s 64W....................................... | ad F2022L01276 |
| s 64X........................................ | ad F2022L01276 |
| s 64Y........................................ | ad F2022L01276 |
| Division 4 | |
| s 64Z........................................ | ad F2022L01276 |
| Part 3 | |
| Division 1 | |
| s 64ZA...................................... | ad F2022L01276 |
| Division 2 | |
| s 64ZB...................................... | ad F2022L01276 |
| s 64ZC...................................... | ad F2022L01276 |
| Division 3 | |
| s 64ZD...................................... | ad F2022L01276 |
| s 64ZE...................................... | ad F2022L01276 |
| Part 4 | |
| s 64ZF...................................... | ad F2022L01276 |
| s 64ZG...................................... | ad F2022L01276 |
| Part 5 | |
| Division 1 | |
| s 64ZH...................................... | ad F2022L01276 |
| Division 2 | |
| s 64ZI....................................... | ad F2022L01276 |
| Division 3 | |
| s 64ZJ....................................... | ad F2022L01276 |
| Division 4 | |
| s 64ZK...................................... | ad F2022L01276 |
| Part 6 | |
| s 64ZL...................................... | ad F2022L01276 |
| am F2023L00236 | |
| s 64ZM..................................... | ad F2022L01276 |
| am F2023L00236 | |
| s 64ZN...................................... | ad F2022L01276 |
| am F2023L00236 | |
| s 64ZO...................................... | ad F2022L01276 |
| am F2023L00236 | |
| Part 7 | |
| Division 1 | |
| s 64ZP...................................... | ad F2022L01276 |
| Division 2 | |
| s 64ZQ...................................... | ad F2022L01276 |
| Division 3 | |
| s 64ZR...................................... | ad F2022L01276 |
| Division 4 | |
| s 64ZS...................................... | ad F2022L01276 |
| Chapter 3 | |
| Part 1 | |
| s 67........................................... | am F2015L00996; F2016L01105; F2016L01495; F2017L00714; F2018L00892; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2021L00900; F2022L00853 |
| s 67A........................................ | ad F2016L01495 |
| s 68........................................... | am F2016L01495 |
| Part 2 | |
| Division 1 | |
| s 70........................................... | am F2015L00996; F2016L00349; F2016L01105; F2017L00714; F2018L00892; F2019L00895; F2020L00842; F2021L00900; F2022L00853 |
| Division 2 | |
| s 72........................................... | am F2015L00996; F2016L00349; F2016L01105; F2017L00714; F2018L00892; F2019L00895; F2020L00842; F2021L00900; F2022L00853 |
| Division 3 | |
| s 74........................................... | rs F2016L00349 |
| am F2019L00302 | |
| Division 4 | |
| s 76........................................... | rs F2016L00349 |
| am F2019L00302 | |
| Part 3 | |
| s 78........................................... | am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244; F2017L01180; F2018L00278; F2018L01297; F2019L00302; F2019L01218; F2020L00275; F2021L00237; F2021L01244; F2022L00314; F2022L01206; F2023L00236 |
| s 79........................................... | am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244; F2017L01180; F2018L00278; F2018L01297; F2019L00302; F2019L01218; F2020L00275; F2020L01188; F2021L00237; F2021L00900; F2021L01244; F2022L00314; F2022L00853; F2022L01206; F2023L00236 |
| s 80........................................... | am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244; F2017L01180; F2018L00278; F2018L01297; F2019L00302; F2019L01218; F2020L00275; F2021L00237; F2021L01244; F2022L00314; F2022L01206; F2023L00236 |
| s 81........................................... | am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244; F2017L01180; F2018L00278; F2018L01297; F2019L00302; F2019L01218; F2020L00275; F2021L00237; F2021L01244; F2022L00314; F2022L01206; F2023L00236 |
| Part 4 | |
| Division 1 | |
| s 83........................................... | am F2016L01495 |
| Division 2 | |
| s 84A........................................ | ad F2016L01984 |
| am F2017L00714; F2018L00892; F2019L00302; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2020L01183; F2021L00146; F2021L00900; F2022L00853 | |
| s 85........................................... | am F2015L00996; F2016L01105 |
| rs F2016L01984 | |
| Chapter 4 | |
| Part 1 | |
| Division 1 | |
| s 87........................................... | am F2016L01984; F2017L00714; F2018L00892; F2019L00895; F2020L00352; F2020L00830; F2020L00842; F2020L01077; F2020L01183; F2021L00146; F2021L00900; F2022L00853 |
| Division 2 | |
| s 88........................................... | am F2016L01984 |
| s 89........................................... | am F2016L01984 |
| s 90........................................... | am F2016L01984 |
| s 90A........................................ | ad F2016L01984 |
| Division 3 | |
| s 91........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2021L00900; F2022L00853 |
| s 91A........................................ | ad F2020L00615 |
| rs F2020L01183 | |
| s 91B........................................ | ad F2021L00355 |
| s 91C........................................ | ad F2021L00913 |
| s 91D........................................ | ad F2021L00913 |
| s 92........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00895; F2020L00352 |
| rs F2020L00830 | |
| am F2020L00842; F2020L01077 | |
| ed C26 | |
| am F2021L00900; F2022L00853 | |
| s 93........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2021L00900; F2022L00853 |
| s 94........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2021L00900; F2022L00853 |
| s 95........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00895; F2020L00842; F2021L00900; F2022L00853 |
| s 96........................................... | am F2015L00996; F2016L01105 |
| rs F2016L01984 | |
| Division 4 | |
| s 97........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00302; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2020L01183; F2021L00900; F2022L00853 |
| s 98........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00302; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2020L01183; F2021L00900; F2022L00853 |
| s 99........................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00302; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2020L01183; F2021L00900; F2022L00853 |
| s 99A........................................ | ad F2016L01984 |
| am F2017L00714; F2018L00892; F2019L00302; F2019L00895; F2020L00352; F2020L00842; F2020L01077; F2020L01183; F2021L00900; F2022L00853 | |
| Division 5................................. | rep F2020L00830 |
| s 100......................................... | rep F2020L00830 |
| Division 6 | |
| s 101......................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00895; F2020L00842; F2021L00900; F2022L00853 |
| Part 2 | |
| s 104......................................... | am F2017L00599; F2019L00895; F2020L00842; F2021L00900; F2022L00853 |
| Part 3 | |
| s 106......................................... | am F2015L00996; F2016L01105; F2017L00714; F2018L00892; F2019L00895; F2020L00842; F2021L00900; F2022L00853 |
| Part 4 | |
| Part 4........................................ | ad F2016L00674 |
| s 106A...................................... | ad F2016L00674 |
| s 106B...................................... | ad F2016L00674 |
| am F2016L01105; F2017L00714; F2018L00892; F2019L00895; F2020L00842; F2021L00900; F2022L00853 | |
| Chapter 5 | |
| Part 1A | |
| Part 1A...................................... | ad F2022L01276 |
| s 106C...................................... | ad F2022L01276 |
| s 106D...................................... | ad F2022L01276 |
| Part 1 | |
| s 107A...................................... | ad F2019L00844 |
| am F2023L00236 | |
| s 108......................................... | am F2019L00844 |
| Part 2 | |
| s 110......................................... | am F2022L01059 |
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