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. 35
Compilation date: 20 March 2022
Includes amendments up to: F2022L00314
Registered: 30 March 2022
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 2022 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 2
Part 1—Basic subsidy amount 2
Division 1—Care recipients receiving residential care other than as respite care 2
5............ Purpose of this Division................................................................................................ 2
6............ Definitions..................................................................................................................... 2
7............ Basic subsidy amount for day on or after date of effect of ACFI classification............. 2
8............ Basic subsidy amount for day before date of effect of ACFI classification—late receipt of appraisal or reappraisal...................................................................................................................................... 3
9............ Basic subsidy amount for care recipients on extended hospital leave............................ 4
Division 2—Care recipients receiving residential care as respite care 5
11.......... Purpose of this Division................................................................................................ 5
12.......... Basic subsidy amount for days within maximum number for provision of respite care 5
13.......... Basic subsidy amount for days equal to or exceeding maximum number for provision of respite care 5
14.......... Basic subsidy amount for care recipient in residential care service exceeding respite care proportion 5
Part 2—Amounts of primary supplements 7
Division 1—Respite supplement 7
15.......... Purpose of this Division................................................................................................ 7
16.......... Definitions..................................................................................................................... 7
17.......... Care recipients whose classification level is low level residential respite care............... 7
18.......... Care recipients whose classification level is high level residential respite care.............. 7
19.......... How to work out the actual proportion of respite care provided through a residential care service for a relevant year...................................................................................................................................... 8
20.......... How to work out the specified proportion of respite care provided through a residential care service for a relevant year...................................................................................................................................... 9
21.......... Number of days or proportion of specified care exceeded........................................... 10
Division 2—Oxygen supplement 12
22.......... Purpose of this Division.............................................................................................. 12
23.......... Amount of oxygen supplement................................................................................... 12
Division 3—Enteral feeding supplement 13
24.......... Purpose of this Division.............................................................................................. 13
25.......... Amount of enteral feeding supplement........................................................................ 13
Part 3—Reductions in subsidy 14
42.......... Purpose of this Part..................................................................................................... 14
43.......... Amount of adjusted subsidy reduction........................................................................ 14
44.......... Care subsidy reduction—annual cap........................................................................... 14
45.......... Care subsidy reduction—lifetime cap.......................................................................... 14
46.......... Care subsidy reduction—means tested amount—first asset threshold and second asset threshold 14
47.......... Value of person’s assets—maximum home value....................................................... 14
Part 4—Amounts of other supplements 15
Division 1—Accommodation supplement 15
48.......... Purpose of this Division.............................................................................................. 15
49.......... Definitions................................................................................................................... 15
50.......... Meaning of newly built residential care service.......................................................... 15
51.......... Amount of accommodation supplement—matters relating to relevant residential care service 16
52.......... Amount of accommodation supplement—matters relating to eligible care recipient.... 17
Division 2—Hardship supplement 18
53.......... Purpose of this Division.............................................................................................. 18
54.......... Amount of hardship supplement................................................................................. 18
Division 3—Viability supplement 19
55.......... Purpose of this Division.............................................................................................. 19
56.......... Definitions................................................................................................................... 19
57.......... Amount of viability supplement—care recipients being provided with residential care through 1997 scheme services.................................................................................................................................... 19
58.......... Amount of viability supplement—care recipients being provided with residential care through 2001 scheme services.................................................................................................................................... 20
59.......... Amount of viability supplement—care recipients being provided with residential care through 2005 scheme services.................................................................................................................................... 20
60.......... Amount of viability supplement—safety net for former 1997 scheme services and 2001 scheme services 21
60A....... Amount of viability supplement—care recipients being provided with residential care through 2017 scheme services.................................................................................................................................... 21
60B....... Amount of viability supplement—safety net for former 1997 scheme services, 2001 scheme services and certain 2005 scheme services........................................................................................................... 22
Division 4—Veterans’ supplement 23
61.......... Purpose of this Division.............................................................................................. 23
62.......... Amount of veterans’ supplement................................................................................. 23
Division 5—Homeless supplement 24
63.......... Purpose of this Division.............................................................................................. 24
64.......... Amount of homeless supplement................................................................................ 24
Division 6—COVID‑19 support supplement (for COVID‑19 support payment periods) 25
64A....... Purpose of this Division.............................................................................................. 25
64B....... Amount of COVID‑19 support supplement................................................................ 25
Division 7—Residential care support supplement (for February 2021 payment period) 26
64C....... Purpose of this Division.............................................................................................. 26
64D....... Amount of residential care support supplement (for February 2021 payment period). 26
Division 8—2021 basic daily fee supplement (for payment periods July 2021 to September 2022) 27
64E........ Purpose of this Division.............................................................................................. 27
64F........ Amount of 2021 basic daily fee supplement (for payment periods July 2021 to September 2022) 27
Chapter 3—Home care subsidy 28
Part 1—Basic subsidy amount 28
65.......... Purpose of this Part..................................................................................................... 28
66.......... Definitions................................................................................................................... 28
67.......... Basic subsidy amount—general.................................................................................. 28
67A....... Basic subsidy amount—more than one approved provider eligible for subsidy in respect of a day and a care recipient.................................................................................................................................... 28
68.......... Basic subsidy amount—during suspension period...................................................... 28
Part 2—Amounts of primary supplements 31
Division 1—Oxygen supplement 31
69.......... Purpose of this Division.............................................................................................. 31
70.......... Amount of oxygen supplement................................................................................... 31
Division 2—Enteral feeding supplement 32
71.......... Purpose of this Division.............................................................................................. 32
72.......... Amount of enteral feeding supplement........................................................................ 32
Division 3—Dementia and cognition supplement 33
73.......... Purpose of this Division.............................................................................................. 33
74.......... Amount of dementia and cognition supplement........................................................... 33
Division 4—Veterans’ supplement 34
75.......... Purpose of this Division.............................................................................................. 34
76.......... Amount of veterans’ supplement................................................................................. 34
Part 3—Reductions in subsidy 35
77.......... Purpose of this Part..................................................................................................... 35
78.......... Care subsidy reduction—first cap and second cap...................................................... 35
79.......... Care subsidy reduction—income threshold................................................................. 35
80.......... Care subsidy reduction—annual cap........................................................................... 35
81.......... Care subsidy reduction—lifetime cap.......................................................................... 36
Part 4—Amounts of other supplements 37
Division 1—Hardship supplement 37
82.......... Purpose of this Division.............................................................................................. 37
83.......... Amount of hardship supplement................................................................................. 37
Division 2—Viability supplement 38
84.......... Purpose of this Division.............................................................................................. 38
84A....... Definitions................................................................................................................... 38
85.......... Amount of viability supplement.................................................................................. 39
Chapter 4—Flexible care subsidy 40
Part 1—Amount of flexible care subsidy—care provided through multi‑purpose service 40
Division 1—Preliminary 40
86.......... Purpose of this Part..................................................................................................... 40
87.......... Definitions................................................................................................................... 40
Division 2—Categories of multi‑purpose service 43
88.......... Category A services.................................................................................................... 43
89.......... Category B services..................................................................................................... 44
90.......... Category C services..................................................................................................... 45
90A....... Category D services.................................................................................................... 46
Division 3—Amount of flexible care subsidy 49
91.......... Amount of flexible care subsidy.................................................................................. 49
91A....... Amount of flexible care subsidy for COVID‑19 support periods............................... 50
91B....... Amount of flexible care subsidy for February 2021 (addition of residential care support supplement equivalent amount).................................................................................................................................... 50
91C....... Amount of flexible care subsidy on and after 1 July 2021 (addition of 2021 basic daily fee supplement equivalent amount)....................................................................................................................... 51
91D....... Eligibility for 2021 basic daily fee supplement equivalent amount.............................. 51
92.......... Applicable amount for high care place......................................................................... 53
93.......... Applicable amount for low care place.......................................................................... 53
94.......... Respite supplement equivalent amount........................................................................ 53
95.......... Dementia and veterans’ supplement equivalent amounts............................................. 53
96.......... Additional amount of home care subsidy.................................................................... 54
Division 4—Viability supplement equivalent amounts 55
97.......... Viability supplement equivalent amounts for Category A services.............................. 55
98.......... Viability supplement equivalent amounts for Category B services.............................. 55
99.......... Viability supplement equivalent amounts for Category C services.............................. 56
99A....... Viability supplement equivalent amounts for Category D services.............................. 56
Division 6—Concessional resident equivalent amounts 57
101........ Concessional resident equivalent amounts................................................................... 57
Part 2—Amount of flexible care subsidy—care provided through innovative care service 60
102........ Purpose of this Part..................................................................................................... 60
103........ Definitions................................................................................................................... 60
104........ Amount of flexible care subsidy.................................................................................. 60
Part 3—Amount of flexible care subsidy—care provided as transition care 62
105........ Purpose of this Part..................................................................................................... 62
106........ Amount of flexible care subsidy.................................................................................. 62
Part 4—Amount of flexible care subsidy—care provided as short‑term restorative care 63
106A..... Purpose of this Part..................................................................................................... 63
106B..... Amount of flexible care subsidy.................................................................................. 63
Chapter 5—Fees and payments 64
Part 1—Home care fees 64
107........ Purpose of this Part..................................................................................................... 64
107A..... Basic daily care fee...................................................................................................... 64
108........ Basic daily care fee during suspension period............................................................. 64
Part 2—Accommodation payments 65
109........ Purpose of this Part..................................................................................................... 65
110........ Maximum refundable accommodation deposit amount................................................ 65
111........ Maximum daily accommodation payment amount....................................................... 65
Part 3—Daily payments 67
112........ Purpose of this Part..................................................................................................... 67
113........ Maximum rate of interest that may be charged on outstanding amount of daily payment 67
Endnotes68
Endnote 1—About the endnotes 68
Endnote 2—Abbreviation key 69
Endnote 3—Legislation history 70
Endnote 4—Amendment history 74
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
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 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 | 38.70 |
| 3 | Medium ADL category | 84.28 |
| 4 | High ADL category | 116.76 |
| 5 | Nil behaviour category | 0.00 |
| 6 | Low behaviour category | 8.85 |
| 7 | Medium behaviour category | 18.34 |
| 8 | High behaviour category | 38.23 |
| 9 | Nil CHC category | 0.00 |
| 10 | Low CHC category | 17.17 |
| 11 | Medium CHC category | 48.90 |
| 12 | High CHC category | 70.61 |
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)—$48.68; 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)—$136.50; or
(c) if the care recipient’s classification level is low level residential respite care—$48.68; or
(d) if the care recipient’s classification level is high level residential respite care—$136.50.
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, $41.62.
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) $58.33; 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—$40.92.
(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 $12.11.
(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, $15.14), 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—$19.19; and
(b) for non‑bolus feeding—$21.55.
(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, $23.99 for bolus feeding and $26.94 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 $13.75.
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 $29,399.40.
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
$70,558.66.
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 $178,839.20; and
(b) the second asset threshold is $431,517.60.
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 $178,839.20.
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 has the same meaning as in the Subsidy Principles 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 $60.74 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 $39.60 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 $33.26 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 | 55.55 |
| 2 | Isolated Remote Area | more than 15 but less than 30 | 34.15 |
| 3 | Isolated Remote Area | 30 or more | 3.45 |
| 4 | Remote Centre | less than 16 | 26.53 |
| 5 | Remote Centre | more than 15 but less than 30 | 18.85 |
| 6 | Remote Centre | 30 or more | 3.45 |
| 7 | Rural Outside Large Centre | less than 16 | 11.17 |
| 8 | Rural Outside Large Centre | more than 15 but less than 30 | 3.45 |
| 9 | Rural Outside Large Centre | 30 or more | 3.45 |
| 10 | An area not referred to in items 1 to 9 | not applicable | 3.45 |
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 ($) |
| 1 | 40 | 3.45 |
| 2 | 50 | 3.86 |
| 3 | 60 | 11.17 |
| 4 | 70 | 18.85 |
| 5 | 80 | 26.53 |
| 6 | 90 | 34.15 |
| 7 | 100 | 55.55 |
59 Amount of viability supplement—care recipients being provided with residential care through 2005 scheme services
For a care recipient to whom residential care is provided through a 2005 scheme service on a day, the amount of the viability supplement for the day is the amount specified in the item in the following table for the score attained by the service on the day under the points calculator in subsection 66(2) of the Subsidy Principles 2014.
| Amount of viability supplement—2005 scheme services | ||
| Item | Score | Amount ($) |
| 1 | 50 | 8.34 |
| 2 | 55 | 12.50 |
| 3 | 60 | 18.69 |
| 4 | 65 | 22.84 |
| 5 | 70 | 33.33 |
| 6 | 75 | 41.52 |
| 7 | 80 | 51.89 |
| 8 | 85 | 62.36 |
| 9 | 90 | 72.71 |
| 10 | 95 | 81.01 |
| 11 | 100 | 91.41 |
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 $3.45.
60A Amount of viability supplement—care recipients being provided with residential care through 2017 scheme services
For a care recipient to whom residential care is provided through a 2017 scheme service on a day, the amount of the viability supplement for the day is the amount specified in the item in the following table for the score attained by the service on the day under the points calculator in subsection 66A(2) of the Subsidy Principles 2014.
| Amount of viability supplement—2017 scheme services | ||
| Item | Score | Amount ($) |
| 1 | 50 | 11.32 |
| 2 | 55 | 15.08 |
| 3 | 60 | 20.67 |
| 4 | 65 | 24.44 |
| 5 | 70 | 33.96 |
| 6 | 75 | 45.30 |
| 7 | 80 | 58.26 |
| 8 | 85 | 69.26 |
| 9 | 90 | 80.13 |
| 10 | 95 | 88.84 |
| 11 | 100 | 99.76 |
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 $3.45.
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 $7.37.
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 $28.34.
Division 6—COVID‑19 support supplement (for COVID‑19 support payment periods)
64A Purpose of this Division
(1) For the purposes of subsection 44‑27(3) of the Act, this Division sets out the amount of the COVID‑19 support supplement for a day for a care recipient.
(2) For the purposes of this Division, the COVID‑19 support supplement is the COVID‑19 support supplement set out in Subdivision F of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014.
64B Amount of COVID‑19 support supplement
The amount of the COVID‑19 support supplement for a day in a COVID‑19 support payment period mentioned in column 1 of an item of the following table, for a care recipient provided with residential care through a residential care service with a street address that has a Modified Monash Model classification mentioned in column 2 of the item, is the amount mentioned in column 3 of the item.
| Amount of COVID‑19 support supplement | |||
| Item | Column 1 COVID‑19 support payment period | Column 2 Modified Monash Model classification | Column 3 Amount ($) |
| 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 $10.00.
Chapter 3—Home care subsidy
Part 1—Basic subsidy amount
65 Purpose of this Part
For subsection 48‑2(2) of the Act, this Part sets out the basic subsidy amounts for a day for a care recipient who is being provided with home care through a home care service.
66 Definitions
In this Part:
suspension period, in relation to the provision of home care, means the period for which the provision of home care is suspended under section 46‑2 of the Act.
transition care has the meaning given by section 106 of the Subsidy Principles 2014.
67 Basic subsidy amount—general
Subject to sections 67A and 68, the basic subsidy amount for a day for a care recipient is the amount specified in the following table for the level of care that is, on the day, the care recipient’s level of care as a prioritised home care recipient determined under subsection 23B‑1(1) of the Act.
| Basic subsidy amount | ||
| Item | Level of home care | Amount ($) |
| 1 | Level 1 | 24.73 |
| 2 | Level 2 | 43.50 |
| 3 | Level 3 | 94.66 |
| 4 | Level 4 | 143.50 |
67A Basic subsidy amount—more than one approved provider eligible for subsidy in respect of a day and a care recipient
If more than one approved provider is eligible for home care subsidy for a day for a particular care recipient, the basic subsidy amount for the day and the care recipient for each approved provider, other than the approved provider that first entered into a home care agreement with the care recipient, is nil.
68 Basic subsidy amount—during suspension period
(1) If the provision of home care to a care recipient is suspended on a temporary basis under section 46‑2 of the Act, the basic subsidy amount for a day during the suspension period for the care recipient is the amount worked out in accordance with subsection (2), (4) or (5).
(2) If the provision of home care is suspended because the care recipient is receiving transition care, or is attending hospital for the purpose of receiving hospital treatment, the basic subsidy amount for a day during the suspension period is:
0
0
0