Aged Care (Transitional Provisions) Act 1997 (Cth)

Aged Care (Transitional Provisions) Act 1997

No. 223, 1997

Compilation No. 17

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

About this compilation

This compilation

This is a compilation of the Aged Care (Transitional Provisions) Act 1997 that shows the text of the law as amended and in force on 21 February 2025 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

An Act to deal with transitional matters in connection with the Aged Care (Living Longer Living Better) Act 2013, and for other purposes

Chapter 1Introduction Division 1Preliminary matters

1‑1Short title

This Act may be cited as the Aged Care (Transitional Provisions) Act 1997.

1‑2Commencement

This Act commences on 1 July 2014.

1‑2AAct applies to continuing care recipients

This Act applies only in relation to *continuing care recipients.

1‑3Identifying defined terms

1. (1)

   Many of the terms in this Act are defined in the Dictionary in Schedule 1.

2. (2)

   Most defined terms are identified by an asterisk appearing at the start of the term: as in “*aged care service”. The footnote that goes with the asterisk contains a signpost to the Dictionary.

3. (3)

   An asterisk usually identifies the first occurrence of a term in a subsection, note or definition. Later occurrences of the term in the same subsection, note or definition are not asterisked.

4. (4)

   Terms are not asterisked in headings, tables or diagrams.

5. (5)

   The following basic terms used throughout the Act are not identified with an asterisk:

Terms that are not identified
Item	This term:	is defined in:
1	approved provider	Schedule 1
2	care	Schedule 1
3	home care	section 45‑3
4	home care service	Schedule 1
5	flexible care	section 49‑3
6	flexible care service	Schedule 1
7	provide	section 96‑4
8	residential care	section 41‑3
9	residential care service	Schedule 1
10	Secretary	Schedule 1

1‑4Tables of Divisions and Subdivisions do not form part of this Act

Tables of Divisions and tables of Subdivisions do not form part of this Act.

Division 2Objects

2‑1The objects of this Act

1. (1)

   The objects of this Act, in conjunction with the Aged Care Act 1997, are as follows:

   1. (a)

      to provide for funding of *aged care that takes account of:

      1. (i)

         the quality of the care; and

      2. (ii)

         the *type of care and level of care provided; and

      3. (iii)

         the need to ensure access to care that is affordable by, and appropriate to the needs of, people who require it; and

      4. (iv)

         appropriate outcomes for recipients of the care; and

      5. (v)

         accountability of the providers of the care for the funding and for the outcomes for recipients;

   2. (b)

      to promote a high quality of care and accommodation for the recipients of *aged care services that meets the needs of individuals;

   3. (c)

      to protect the health and well‑being of the recipients of aged care services;

   4. (d)

      to ensure that aged care services are targeted towards the people with the greatest needs for those services;

   5. (e)

      to facilitate access to aged care services by those who need them, regardless of race, culture, language, gender, economic circumstance or geographic location;

   6. (f)

      to provide respite for families, and others, who care for older people;

   7. (g)

      to encourage diverse, flexible and responsive aged care services that:

      1. (i)

         are appropriate to meet the needs of the recipients of those services and the carers of those recipients; and

      2. (ii)

         facilitate the independence of, and choice available to, those recipients and carers;

   8. (h)

      to help those recipients to enjoy the same rights as all other people in Australia;

   9. (i)

      to plan effectively for the delivery of aged care services that:

      1. (i)

         promote the targeting of services to areas of the greatest need and people with the greatest need; and

      2. (ii)

         avoid duplication of those services; and

      3. (iii)

         improve the integration of the planning and delivery of aged care services with the planning and delivery of related health and community services;

   10. (j)

       to promote ageing in place through the linking of care and support services to the places where older people prefer to live.

2. (2)

   In construing the objects, due regard must be had to:

   1. (a)

      the limited resources available to support services and programs under this Act and the Aged Care Act 1997; and

   2. (b)

      the need to consider equity and merit in accessing those resources.

Division 3Overview of this Act

3‑1General

This Act, in conjunction with the Aged Care Act 1997, provides for the Commonwealth to give financial support:

1. (a)

   through payment of subsidies for the provision of *aged care; and

2. (b)

   through payment of grants for other matters connected with the provision of aged care.

Subsidies are paid under Chapter 3 of this Act and Chapter 3 of the Aged Care Act 1997 (but Chapters 2 and 4 of the Aged Care Act 1997 and Chapter 4 of this Act are also relevant to subsidies), and grants are paid under Chapter 5 of the Aged Care Act 1997.

3‑2Preliminary matters relating to subsidies

Before the Commonwealth can pay subsidy to an approved provider of *aged care under Chapter 3 of this Act, a number of approvals and similar decisions may need to have been made under Chapter 2 of the Aged Care Act 1997. These may relate to:

1. (b)

   the *aged care service in question (for example, for residential care services and flexible care services the requirement that *places have been allocated in respect of the service); or

2. (c)

   the recipient of aged care (for example, the requirement that the recipient has been approved as a recipient of the type of aged care that is provided).

   Note: For the approval of providers of aged care, see Part 7A of the *Quality and Safety Commission Act.

3‑3Subsidies (Chapter 3)

A number of different kinds of subsidy can be paid under Chapter 3 of this Act. They are paid for *aged care that has been provided. Eligibility for a subsidy depends on:

1. (a)

   particular approvals and similar decisions having been made under Chapter 2 of the Aged Care Act 1997; and

2. (b)

   the circumstances in which the care is provided (for example, whether the care is provided in a residential care service that meets its *accreditation requirement).

3‑4Responsibilities of approved providers

Approved providers have certain responsibilities under Chapter 4 of this Act and Chapter 4 of the Aged Care Act 1997. These responsibilities relate to:

1. (a)

   the quality of care they provide; and

2. (b)

   user rights for the people to whom care is provided; and

3. (c)

   accountability for the care that is provided, and the basic suitability of their *key personnel.

Failure to meet these responsibilities can lead to the imposition of sanctions on an approved provider under Part 7B of the *Quality and Safety Commission Act, which may affect amounts of subsidy payable to the provider.

3‑5Grants

The Commonwealth makes grants under Chapter 5 of the Aged Care Act 1997 to contribute to costs associated with:

1. (a)

   the establishment or enhancement of *aged care services (for example, *residential care grants); or

2. (c)

   support services related to the provision of aged care (for example, *advocacy grants).

The grants are (in most cases) payable under agreements with the recipients of the grants, and may be subject to conditions.

Division 4Application of this Act

4‑1Application of this Act

1. (1)

   This Act applies in all the States and Territories.

2. (2)

   However, this Act does not apply in any external Territory, except Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands.

3. (3)

   Despite subsection (1), Part 3.1 applies in relation to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands as if those Territories were part of Western Australia and were not Territories.

   Note: This has the effect that references in Part 3.1 to a Territory do not apply to the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands, and that references in that Part to a State will be relevant to Western Australia as if it included those Territories.

4. (4)

   Despite subsection (1), Part 3.1 applies in relation to Norfolk Island as if Norfolk Island were part of New South Wales and were not a Territory.

   Note: This has the effect that references in Part 3.1 to a Territory do not apply to Norfolk Island, and that references in that Part to a State will be relevant to New South Wales as if it included Norfolk Island.

4‑2Binding the Crown

1. (1)

   This Act binds the Crown in each of its capacities.

2. (2)

   This Act does not make the Crown liable to be prosecuted for an offence.

Chapter 3Subsidies Division 40Introduction

40‑1What this Chapter is about

The Commonwealth pays subsidies to approved providers for *aged care that has been provided. These subsidies are:

• *residential care subsidy (see Part 3.1);

• *home care subsidy (see Part 3.2);

• *flexible care subsidy (see Part 3.3).

A number of approvals and other decisions may need to have been made under Chapter 2 of the Aged Care Act 1997 before a particular kind of payment can be made (see section 5‑2 of that Act). For example, an approved provider can only receive subsidy for providing residential care or flexible care in respect of which a *place has been allocated. Receipt of payments under this Chapter gives rise to certain responsibilities, that are dealt with in Chapter 4 of this Act and Chapter 4 of the Aged Care Act 1997.

Part 3.1Residential care subsidyDivision 41Introduction

41‑1What this Part is about

The *residential care subsidy is a payment by the Commonwealth to approved providers for providing residential care to care recipients.

Table of Divisions

41 Introduction

42 Who is eligible for residential care subsidy?

43 How is residential care subsidy paid?

44 What is the amount of residential care subsidy?

41‑2Residential care subsidy also dealt with in Aged Care (Transitional Provisions) Principles

*Residential care subsidy is also dealt with in the Aged Care (Transitional Provisions) Principles. Provisions in this Part indicate when a particular matter is or may be dealt with in those Principles.

Note: The Aged Care (Transitional Provisions) Principles are made by the Minister under section 96‑1.

41‑3Meaning of residential care

1. (1)

   Residential care is personal care or nursing care, or both personal care and nursing care, that:

   1. (a)

      is provided to a person in a residential facility in which the person is also provided with accommodation that includes:

      1. (i)

         appropriate staffing to meet the nursing and personal care needs of the person; and

      2. (ii)

         meals and cleaning services; and

      3. (iii)

         furnishings, furniture and equipment for the provision of that care and accommodation; and

   2. (b)

      meets any other requirements specified in the Aged Care (Transitional Provisions) Principles.

2. (2)

   However, residential care does not include any of the following:

   1. (a)

      care provided to a person in the person’s private home;

   2. (b)

      care provided in a hospital or in a psychiatric facility;

   3. (c)

      care provided in a facility that primarily provides care to people who are not frail and aged;

   4. (d)

      care that is specified in the Aged Care (Transitional Provisions) Principles not to be residential care.

Division 42Who is eligible for residential care subsidy?

42‑1Eligibility for residential care subsidy

1. (1)

   An approved provider is eligible for *residential care subsidy in respect of a day if the Secretary is satisfied that, during that day:

   1. (a)

      the approved provider holds an allocation of *places for residential care subsidy that is in force under Part 2.2 of the Aged Care Act 1997 (not being a *provisional allocation); and

   2. (b)

      the approved provider provides residential care to a care recipient in respect of whom an approval is in force under Part 2.3 of the Aged Care Act 1997 as a recipient of residential care; and

   3. (c)

      the residential care service through which the care is provided meets its *accreditation requirement (if any) applying at that time (see section 42‑4 of the Aged Care Act 1997).

      Note 1: A care recipient can be taken to be provided with residential care while he or she is on *leave from that care (see section 42‑2).

      Note 2: If the care recipient’s approval under Part 2.3 of the Aged Care Act 1997 is not in force, subsidy will not be payable. (For example, the approval may have been given only for a limited period.)

2. (2)

   However, the approved provider is not eligible in respect of residential care provided to the care recipient during that day if:

   1. (a)

      it is excluded because the approved provider exceeds the approved provider’s allocation of *places for residential care subsidy (see section 42‑7); or

   2. (b)

      the approved provider stopped providing residential care to the person during that day; or

   3. (c)

      subject to subsection (3), another approved provider would, but for this paragraph, also be eligible for *residential care subsidy in respect of residential care provided to the same care recipient during that day.

3. (3)

   Paragraph (2)(c) does not apply if the approved provider started providing residential care to the care recipient before the other approved provider.

4. (5)

   Despite any other provision of this Act, an approved provider operating a residential care service is not eligible for *residential care subsidy for a care recipient in respect of a day if the care recipient is on *leave from that service on that day because of subsection 42‑3(3).

42‑2Leave from residential care services

1. (1)

   On each day during which a care recipient is on *leave under this section from a residential care service, the care recipient is taken, for the purposes of this Part (other than section 42‑3) and for the purposes of section 63Q of the *Quality and Safety Commission Act, to be provided with residential care by the approved provider operating the residential care service.

2. (2)

   A care recipient is on *leave under this section from a residential care service on each day of any period during which the care recipient attends a hospital for the purpose of receiving hospital treatment, so long as the day is on or after the day on which the care recipient *enters the residential care service.

   Note: Attending a hospital for a period of extended hospital leave may result in the Minister determining a lower basic subsidy amount for the recipient for days occurring during that period, which will affect the amount of subsidy that is payable (see section 44‑3).

3. (3)

   A care recipient is on *leave under this section from a residential care service on a day if:

   1. (a)

      during the whole of that day, the care recipient is absent from the residential care service; and

   2. (b)

      either:

      1. (i)

         the care recipient does not, during that day, attend a hospital for the purpose of receiving hospital treatment; or

      2. (ii)

         the care recipient does, during that day, attend a hospital for that purpose and the day is before the day on which the care recipient *enters the residential care service; and

   3. (ba)

      the care recipient is not on leave under subsection (3B) on that day; and

   4. (c)

      the number of days on which the care recipient has previously been on leave under this subsection, during the current financial year, is less than 52.

      Note: If a care recipient is taken not to have been provided with care because the maximum number of days has been exceeded, subsidy will not be payable in respect of those days. However, the care recipient may agree to pay a fee to the approved provider to reserve the care recipient’s *place in the service. The maximum amount in such a case is set by section 58‑6.

4. (3AA)

   For the purposes of paragraph (3)(c), disregard days on which the care recipient is on *leave from the residential care service because of subsection 42‑3(3).

5. (3A)

   A care recipient is on *leave under this section from a residential care service on a day if:

   1. (a)

      *flexible care subsidy is payable in respect of the care recipient and the day; and

   2. (b)

      the requirements specified in the Aged Care (Transitional Provisions) Principles for the purposes of this paragraph are met.

      Note: If a care recipient is on leave for at least 30 days continuously under subsections (2) and (3A), this may result in the Minister determining a lower basic subsidy amount for the recipient for days occurring during that period, which will affect the amount of residential care subsidy that is payable (see section 44‑3).

6. (3B)

   A care recipient is on *leave under this section from a residential care service (the affected service) on a day if:

   1. (a)

      during the whole of that day, the care recipient is absent from the affected service; and

   2. (b)

      either:

      1. (i)

         the care recipient does not, during that day, attend a hospital for the purpose of receiving hospital treatment; or

      2. (ii)

         the care recipient does, during that day, attend a hospital for that purpose and the day is before the day on which the care recipient *enters the affected service; and

   3. (c)

      the Minister determines under subsection 42‑2A(1) of the Aged Care Act 1997 that there is a situation of emergency for that day for the affected service or a class of residential care services that includes the affected service.

7. (4)

   Despite subsections (2), (3), (3A) and (3B), a care recipient cannot be on *leave under this section from a residential care service during any period during which the residential care in question would have been *respite care.

42‑3Working out periods of leave

1. (1)

   In working out the days on which a care recipient is on *leave under section 42‑2:

   1. (a)

      include the day on which the period commenced; and

   2. (b)

      do not include the day on which the approved provider recommenced, or commenced, providing residential care to the care recipient.

      Note: Absences that do not include an overnight absence from a residential care service are not counted as *leave because of paragraph (b).

2. (2)

   Subject to subsection (3), a care recipient cannot be on *leave under section 42‑2 from a residential care service before he or she *enters the service.

3. (3)

   A care recipient may be on leave under section 42‑2 on the days during the period starting on the later of:

   1. (a)

      the day on which he or she was notified that there was a vacancy in the residential care service in question; or

   2. (aa)

      the day on which he or she accepted a place in the residential care service; or

   3. (b)

      the day that is 7 days, or such other period as is specified in the Aged Care (Transitional Provisions) Principles, before the day on which the person *enters the residential care service;

and ending at the end of the day before the day the person enters the residential care service.

42‑7Exceeding the number of places for which there is an allocation

1. (1)

   For the purposes of a person’s eligibility for *residential care subsidy, residential care provided to a particular care recipient on a particular day is excluded if:

   1. (a)

      the number of care recipients provided with residential care by the approved provider during that day exceeds the number of *places included in the approved provider’s allocation of places for residential care subsidy; and

   2. (b)

      the Secretary decides, in accordance with subsection (2), that the residential care provided to that particular care recipient on that day is to be excluded.

1. (2)

   In deciding under paragraph (1)(b) which residential care is to be excluded, the Secretary must:

   1. (a)

      make the number of exclusions necessary to ensure that the number of *places for which *residential care subsidy will be payable does not exceed the number of places included in the approved provider’s allocation of places for residential care subsidy; and

   2. (b)

      exclude the residential care in the reverse order in which the care recipients *entered the residential care service for the provision of residential care.

42‑8Notice of refusal to pay residential care subsidy

1. (1)

   If:

   1. (a)

      an approved provider has claimed *residential care subsidy in respect of a person; and

   2. (b)

      the approved provider is not eligible for residential care subsidy in respect of that person;

the Secretary must notify the approved provider, in writing, accordingly.

1. (2)

   A notice given under subsection (1) is not a legislative instrument.

Division 43How is residential care subsidy paid?

43‑1Payment of residential care subsidy

1. (1)

   Residential care subsidy is payable by the Commonwealth to an approved provider in respect of each *payment period (see section 43‑2) during which the approved provider is eligible under section 42‑1. However, it is not payable in respect of any days during that period on which the approved provider is not eligible.

2. (2)

   Residential care subsidy is separately payable by the Commonwealth in respect of each residential care service through which the approved provider provides residential care.

3. (3)

   The Secretary may, in accordance with the Aged Care (Transitional Provisions) Principles, deduct from the amount of residential care subsidy otherwise payable in respect of a *payment period such of the following amounts as apply to the residential care service in question:

   1. (a)

      deductions for fees (see section 43‑5);

   2. (b)

      *capital repayment deductions (see section 43‑6).

43‑2Meaning of payment period

A payment period is:

1. (a)

   a calendar month; or

2. (b)

   such other period as is set out in the Aged Care (Transitional Provisions) Principles.

43‑3Advances

1. (1)

   Subject to subsection 43‑4(2), *residential care subsidy is payable by the Commonwealth in advance, in respect of a *payment period, at such times as the Secretary thinks fit.

2. (2)

   The Secretary must work out the amount of an advance to be paid to an approved provider in respect of the first *payment period or the second payment period for a residential care service by estimating the amount of *residential care subsidy that will be payable for the days in that period.

3. (3)

   The Secretary must work out the amount of an advance to be paid to an approved provider in respect of subsequent *payment periods for a residential care service by:

   1. (a)

      estimating the amount of *residential care subsidy that will be payable (taking into account any deductions under subsection 43‑1(3)) for the days in the period; and

   2. (b)

      increasing or reducing that amount to make any adjustments that the Secretary reasonably believes are necessary to take account of likely underpayments or overpayments in respect of advances previously paid under this section.

4. (4)

   The amounts of advances must be worked out in accordance with any requirements set out in the Aged Care (Transitional Provisions) Principles.

5. (5)

   The Secretary may, in deciding whether to reduce the amount of an advance under paragraph (3)(b), take into account the likelihood of the Commonwealth’s right to recover a particular overpayment being waived under section 95‑6 of the Aged Care Act 1997.

   Note: Subsection (5) allows the Secretary to take account of waivers in respect of overpayments caused, for example, by some cases of incorrect determinations of the *ordinary incomes of care recipients.

43‑4Claims for residential care subsidy

1. (1)

   For the purpose of obtaining payment of *residential care subsidy in respect of a residential care service through which an approved provider provides residential care, the approved provider must, as soon as practicable after the end of each *payment period, give to the Secretary:

   1. (a)

      a claim, in the form approved by the Secretary, for residential care subsidy that is payable in respect of the residential care service for that payment period; and

   2. (b)

      any information relating to the claim that is stated in the form to be required, or that the Secretary requests; and

   3. (c)

      copies of any documents relating to the claim, or to the payment of *residential care subsidy, that are stated in the form to be required, or that the Secretary requests.

2. (2)

   An advance of *residential care subsidy is not payable in respect of a *payment period for the residential care service if the approved provider has not given to the Secretary under subsection (1) a claim relating to the second last preceding payment period for the service.

   Example: An advance of subsidy is not payable for March if the Secretary has not been given a claim for January of the same year (assuming the *payment periods are all calendar months—see section 43‑2).

3. (3)

   Subsection (2) does not apply to the first *payment period or the second payment period for a residential care service.

4. (4)

   If all the places in a residential care service are transferred from one person to another, subsection (2) does not apply to the first 2 *payment periods for the residential care service that occur after the transfer took effect.

5. (5)

   If:

   1. (a)

      apart from this subsection, the operation of paragraph (1)(c) would result in the acquisition of property from a person otherwise than on just terms; and

   2. (b)

      the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;

the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.

43‑4AVariations of claims for residential care subsidy

1. (1)

   An approved provider may vary the claim made in respect of a *payment period within:

   1. (a)

      2 years after the end of the payment period; or

   2. (b)

      such longer period as is determined in respect of the claim by the Secretary.

2. (2)

   In determining a longer period for the purposes of paragraph (1)(b), the Secretary must be satisfied that a variation is required:

   1. (a)

      due to an administrative error made by the Commonwealth or an agent of the Commonwealth; or

   2. (b)

      because the Commonwealth or an agent of the Commonwealth considers that the circumstances of a care recipient are different from those on the basis of which subsidy was claimed.

      Note: Determinations of periods under paragraph (1)(b) are reviewable under Part 6.1.

3. (3)

   A determination made under paragraph (1)(b) is not a legislative instrument.

43‑5Deductions for fees

The Secretary may, on behalf of the Commonwealth, enter into an agreement with an approved provider, under which:

1. (a)

   amounts equal to the fees payable by the approved provider for applications made under this Act are to be deducted from amounts of *residential care subsidy otherwise payable to the approved provider in respect of the residential care service specified in the agreement; and

2. (b)

   so far as amounts are so deducted, the approved provider ceases to be liable to the Commonwealth for payment of the fees.

43‑6Capital repayment deductions

1. (1)

   Capital repayment deductions apply in respect of a residential care service if:

   1. (a)

      the approved provider is granted *extra service status under Division 32 of the Aged Care Act 1997 in respect of the service, or in respect of a *distinct part of the service; and

   2. (b)

      the Commonwealth has previously made capital payments in respect of the service, whether or not the payments were made to that approved provider; and

   (c) the payments have not been repaid to the Commonwealth.

The capital repayment deductions are applied in accordance with an agreement entered into under this section.

1. (2)

   The Secretary may, on behalf of the Commonwealth, enter into an agreement with the approved provider, under which:

   1. (a)

      amounts equal to the capital payments made in respect of the service are to be deducted from amounts of *residential care subsidy otherwise payable to the approved provider in respect of the service; and

   2. (b)

      so far as amounts are so deducted, the approved provider ceases to be liable to the Commonwealth for repayment in respect of the capital payments.

      Note: Entering into such an agreement may be a condition of the granting of *extra service status (see paragraph 32‑8(5)(b) of the Aged Care Act 1997).

2. (3)

   However, only a proportion of the amounts equal to the capital payments made in respect of the service are to be deducted under the agreement if:

   1. (a)

      *extra service status is granted only in respect of a *distinct part of the service; or

   2. (b)

      some or all of the capital payments were made more than 5 years before the first of the deductions is to be made; or

   3. (c)

      the circumstances (if any) specified in the Aged Care (Transitional Provisions) Principles apply.

The proportion is to be worked out in accordance with the Aged Care (Transitional Provisions) Principles.

1. (4)

   The agreement must provide for the deductions to be completed within 3 years after the making of the first deduction.

2. (5)

   In this section:

capital payment means:

1. (a)

   a *residential care grant; or

2. (b)

   a payment of a kind specified in the Aged Care (Transitional Provisions) Principles.

43‑9Recovery of overpayments

This Division does not affect the Commonwealth’s right to recover overpayments under Part 6.5 of the Aged Care Act 1997.

Division 44What is the amount of residential care subsidy?

44‑1What this Division is about

Amounts of *residential care subsidy payable under Division 43 to an approved provider are worked out under this Division in respect of each residential care service. The amount in respect of a residential care service is determined by adding together amounts worked out, using the residential care subsidy calculator in section 44‑2, in respect of individual care recipients in the service.

Table of Subdivisions

44‑A Working out the amount of residential care subsidy

44‑B The basic subsidy amount

44‑C Primary supplements

44‑D Reductions in subsidy

44‑E The income test

44‑F Other supplements

Subdivision 44‑AWorking out the amount of residential care subsidy

44‑2Amount of residential care subsidy

1. (1)

   The amount of *residential care subsidy payable to an approved provider for a residential care service in respect of a *payment period is the amount worked out by adding together the amounts of residential care subsidy for each care recipient:

   1. (a)

      to whom the approved provider provided residential care through the residential care service during the period; and

   2. (b)

      in respect of whom the approved provider was eligible for residential care subsidy during the period.

2. (2)

   This is how to work out the amount of *residential care subsidy for a care recipient in respect of the *payment period.

Residential care subsidy calculator

Step 1. Work out the basic subsidy amount using Subdivision 44‑B.

Step 2. Add to this amount the amounts of any primary supplements worked out using Subdivision 44‑C.

Step 3. Subtract the amounts of any reductions in subsidy worked out using Subdivision 44‑D.

Step 4. Subtract any further reduction worked out by applying the income test under Subdivision 44‑E.

Step 5. Add the amounts of any other supplements worked out using Subdivision 44‑F.

The result is the amount of residential care subsidy for the care recipient in respect of the payment period.

Subdivision 44‑BThe basic subsidy amount

44‑3The basic subsidy amount

1. (1)

   The basic subsidy amount for the care recipient in respect of the *payment period is the sum of all the basic subsidy amounts for the days during the period on which the care recipient was provided with residential care through the residential care service in question.

2. (2)

   The basic subsidy amount for a care recipient for a day is the amount:

   1. (a)

      determined by the Minister by legislative instrument; or

   2. (b)

      worked out in accordance with a method determined by the Minister by legislative instrument.

3. (3)

   The Minister may determine different amounts (including nil amounts) based on any one or more of the following:

   1. (a)

      the kind of residential care service through which residential care is provided to a care recipient;

   2. (aa)

      whether a care recipient being provided with residential care has been classified under Part 2.4A of the Aged Care Act 1997;

   3. (ab)

      the *classification levels for care recipients who have been classified under that Part;

   4. (b)

      whether the residential care being provided is *respite care;

   5. (c)

      the times at which a care recipient *entered a residential care service;

   6. (ca)

      whether a care recipient is on *extended hospital leave;

   7. (e)

      any other matters specified in the Aged Care (Transitional Provisions) Principles;

   8. (f)

      any other matters determined by the Minister.

4. (4)

   The Minister may make provision for, or in relation to, a matter by conferring a power on the Secretary.

Subdivision 44‑CPrimary supplements

44‑5Primary supplements

The primary supplements for the care recipient under step 2 of the residential care subsidy calculator in section 44‑2 are such of the following supplements as apply to the care recipient in respect of the *payment period:

1. (aaa)

   the accommodation supplement (see section 44‑5A);

2. (a)

   the concessional resident supplement (see section 44‑6);

3. (b)

   the respite supplement (see section 44‑12);

4. (c)

   the oxygen supplement (see section 44‑13);

5. (d)

   the enteral feeding supplement (see section 44‑14);

6. (e)

   any additional primary supplements (see section 44‑16).

   Note: Most of the supplements under this Subdivision are taken into account in applying the income test under Subdivision 44‑E. (The supplements under Subdivision 44‑F are not taken into account in applying the income test.)

44‑5AThe accommodation supplement

1. (1)

   The accommodation supplement for the care recipient in respect of the *payment period is the sum of all the accommodation supplements for the days during the period on which:

   1. (a)

      the care recipient was provided with residential care (other than *respite care) through the residential care service in question; and

   2. (b)

      the care recipient was eligible for an accommodation supplement.

2. (2)

   The care recipient is eligible for an accommodation supplement on a particular day if, on that day:

   1. (b)

      the care recipient is a *supported resident; and

   2. (d)

      the residential care provided to the care recipient is not provided on an extra service basis for the purposes of Division 36 of the Aged Care Act 1997.

3. (3)

   The accommodation supplement for a particular day is the amount:

   1. (a)

      determined by the Minister by legislative instrument; or

   2. (b)

      worked out in accordance with a method determined by the Minister by legislative instrument.

4. (4)

   The Minister may determine different amounts (including nil amounts) or methods based on any one or more of the following:

   1. (a)

      the value of assets held by a care recipient;

   2. (b)

      any other matter specified in the Aged Care (Transitional Provisions) Principles.

44‑5BMeaning of supported resident

1. (1)

   A person is a supported resident on a particular day if:

   1. (a)

      on that day, the person is being provided with residential care (other than *respite care) through a residential care service; and

   2. (b)

      on that day, the person is a *post‑2008 reform resident; and

   3. (c)

      the amount determined by the Secretary by legislative instrument in relation to that day for the purposes of this paragraph is equal to or more than the value of the person’s assets at the time at which the person *entered the residential care service or such other time specified in the Aged Care (Transitional Provisions) Principles.

      Note: Some *supported residents may be required to pay an *accommodation bond or an *accommodation charge—see sections 57‑12 and 57A‑6.

If there is financial hardship

1. (2)

   A person is also a supported resident if:

   1. (a)

      a determination is in force under section 57‑14 or 57A‑9 in respect of the person; and

   2. (b)

      the person is a *post‑2008 reform resident.

44‑5CMeaning of post‑2008 reform resident

A person is a post‑2008 reform resident if the person is being provided with residential care through a residential care service and the person is not a *pre‑2008 reform resident.

44‑5DMeaning of pre‑2008 reform resident

1. (1)

   A person is a pre‑2008 reform resident if:

   1. (a)

      the person is being provided with residential care through a residential care service; and

   2. (b)

      either:

      1. (i)

         the person *entered a residential care service before 20 March 2008; or

      2. (ii)

         the person was on *pre‑entry leave from a residential care service immediately before 20 March 2008 and the person entered the residential care service on or after 20 March 2008 at the end of that pre‑entry leave; and

   3. (c)

      the person has not had a break in residential care of more than 28 days between:

      1. (i)

         the last residential care service through which residential care was provided, or taken to be provided, to the person before 20 March 2008 and the next residential care service through which residential care is provided, or taken to be provided, to the person; and

      2. (ii)

         any residential care service through which residential care is provided, or taken to be provided, to the person on or after 20 March 2008 and the next residential care service through which residential care is provided, or taken to be provided, to the person.

2. (2)

   The period:

   1. (a)

      beginning on the day on which a person ceases to be provided with residential care through a residential care service (other than because the person is on *leave from the residential care service); and

   2. (b)

      ending on the day on which the person *enters, or begins *pre‑entry leave, with the next residential care service through which residential care is provided, or taken to be provided, to the person;

is a break in residential care for the person.

1. (3)

   For the purposes of subsections (1) and (2), a person is not provided, or taken to be provided, with residential care during any period during which the person is being provided with *respite care.

44‑5EMeaning of pre‑entry leave

A care recipient is on pre‑entry leave from a residential care service on a particular day if, on that day, the care recipient is taken to be provided with residential care by the residential care service because the care recipient is on *leave under section 42‑2 because of subsection 42‑3(3).

44‑6The concessional resident supplement

1. (1)

   The concessional resident supplement for the care recipient in respect of the *payment period is the sum of all the concessional resident supplements for the days during the period on which:

   1. (a)

      the care recipient was provided with residential care (other than *respite care) through the residential care service in question; and

   2. (b)

      the care recipient was eligible for a *concessional resident supplement.

2. (2)

   The care recipient is eligible for a concessional resident supplement on a particular day if, on that day:

   1. (b)

      the care recipient is a *concessional resident or an *assisted resident; and

   2. (d)

      the residential care provided to the care recipient is not provided on an extra service basis for the purposes of Division 36 of the Aged Care Act 1997.

3. (3)

   The care recipient is also eligible for a concessional resident supplement on a particular day if the care recipient was eligible for either of the following on the day before the transition day (within the meaning of the Aged Care Act 1997):

   1. (a)

      a charge exempt resident supplement under repealed section 44‑8A;

   2. (b)

      a transitional supplement under repealed section 33 of the Aged Care (Transitional Provisions) Principles.

4. (4)

   The concessional resident supplement for a particular day is the amount determined by the Minister by legislative instrument.

5. (5)

   The Minister may determine different amounts (including nil amounts) based on any one or more of the following:

   1. (a)

      the amount of an *accommodation bond paid by, or an *accommodation charge charged to, a care recipient for *entry to a residential care service;

   2. (b)

      the value of assets held by a care recipient;

   3. (c)

      whether the residential care with which a care recipient is provided is *respite care;

   4. (d)

      any other matters specified in the Aged Care (Transitional Provisions) Principles.

44‑7Meaning of concessional resident

If the applicable time is before 1 July 2005

1. (1)

   A person is a concessional resident if the person is being provided with residential care (other than *respite care) through a residential care service, the applicable time under subsection (2) is before 1 July 2005 and, at the applicable time:

1. 1. (a)

      the person was receiving an *income support payment; and

   2. (b)

      the person had not been a *homeowner for 2 years or more, or owned a home that was occupied by:

      1. (i)

         the *partner or a *dependent child of the person; or

      2. (ii)

         a carer of the person who had occupied the home for the past 2 years and, at the entry time, was eligible to receive an income support payment; or

      3. (iii)

         a *close relation of the person who had occupied the home for the past 5 years and, at the entry time, was eligible to receive an income support payment; and

   3. (c)

      the value of the person’s assets was less than:

      1. (i)

         the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) an amount equal to 2.5 times the *basic age pension amount at the time in question; or

      2. (ii)

         such other amount as is specified in, or worked out in accordance with, the Aged Care (Transitional Provisions) Principles.

      Note: A *concessional resident cannot be required to pay an *accommodation bond or an *accommodation charge—see sections 57‑12 and 57A‑6.

If the applicable time is on or after 1 July 2005

1. (1A)

   A person is also a concessional resident if:

   1. (a)

      the person is being provided with residential care (other than *respite care) through a residential care service; and

   2. (b)

      the applicable time under subsection (2) is on or after 1 July 2005; and

   3. (c)

      the person is a *pre‑2008 reform resident; and

   4. (d)

      there is in force a determination covered by subsection (1B) or (1C).

2. (1B)

   Subject to subsection (1D), this subsection covers a determination, made under section 44‑8AA before the person *entered the residential care service, that the conditions in paragraphs (1)(a), (b) and (c) would have been met for the person at the time specified in the determination if the references in subparagraphs (1)(b)(ii) and (iii) to the entry time had been references to the time specified in the determination.

3. (1C)

   Subject to subsection (1E), this subsection covers a determination, made under section 44‑8AA when or after the person *entered the residential care service, that the conditions in paragraphs (1)(a), (b) and (c) were met at the applicable time under subsection (2).

4. (1D)

   If:

   1. (a)

      a determination covered by subsection (1B) is made in relation to a person; and

   2. (b)

      the time specified in the determination is on or after 20 September 2009;

subsection (1B) has effect as if the reference to paragraph (1)(c) were a reference to that paragraph modified by omitting “2.5” from subparagraph (i) and substituting “2.25”.

1. (1E)

   If:

   1. (a)

      a determination covered by subsection (1C) is made in relation to a person; and

   2. (b)

      the applicable time under subsection (2) is on or after 20 September 2009;

subsection (1C) has effect as if the reference to paragraph (1)(c) were a reference to that paragraph modified by omitting “2.5” from subparagraph (i) and substituting “2.25”.

What is the applicable time?

1. (2)

   The applicable time is:

   1. (a)

      if:

      1. (i)

         the person had, within 28 days prior to *entry to the residential care service, been provided with residential care through another residential care service; and

      2. (ii)

         the person had paid an *accommodation bond for entry to that other service;

   the time that was, under this subsection, the applicable time in respect of that other service; or

   1. (b)

      in any other case—the time at which the person entered the residential care service.

If there is financial hardship (whatever the applicable time)

1. (3)

   A person is also a concessional resident if:

   1. (a)

      a determination is in force under paragraph 57‑14(1)(a) or 57A‑9(1)(a) in respect of the person; and

   2. (b)

      the person is a *pre‑2008 reform resident.

44‑8Meaning of assisted resident

If the applicable time is before 1 July 2005

1. (1)

   A person is an assisted resident if the person is being provided with residential care (other than *respite care) through a residential care service, the applicable time under subsection (2) is before 1 July 2005 and, at the applicable time:

   1. (a)

      the person was receiving an *income support payment; and

   2. (b)

      the person had not been a *homeowner for 2 years or more, or owned a home that was occupied by:

      1. (i)

         the *partner or a *dependent child of the person; or

      2. (ii)

         a carer of the person who had occupied the home for the past 2 years and, at the entry time, was eligible to receive an income support payment; or

      3. (iii)

         a *close relation of the person who had occupied the home for the past 5 years and, at the entry time, was eligible to receive an income support payment; and

   3. (c)

      the value of the person’s assets was less than:

      1. (i)

         the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) an amount equal to 4 times the *basic age pension amount at the time in question; or

      2. (ii)

         such other amount as is specified in, or worked out in accordance with, the Aged Care (Transitional Provisions) Principles;

   but more than:

   1. (iii)

      the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) an amount equal to 2.5 times the *basic age pension amount at the time in question; or

   2. (iv)

      such other amount as is specified in, or worked out in accordance with, the Aged Care (Transitional Provisions) Principles.

   Note: An *assisted resident may be required to pay an *accommodation bond or an *accommodation charge.

If the applicable time is on or after 1 July 2005

1. (1A)

   A person is also an assisted resident if:

   1. (a)

      the person is being provided with residential care (other than *respite care) through a residential care service; and

   2. (b)

      the applicable time under subsection (2) is on or after 1 July 2005; and

   3. (c)

      the person is a *pre‑2008 reform resident; and

   4. (d)

      there is in force a determination covered by subsection (1B) or (1C).

If there is financial hardship (whatever the applicable time)

1. (1AA)

   A person is also an assisted resident if:

   1. (a)

      a determination is in force under paragraph 57‑14(1)(b) or 57A‑9(1)(b) in respect of the person; and

   2. (b)

      the person is a *pre‑2008 reform resident.

2. (1B)

   Subject to subsection (1D), this subsection covers a determination, made under section 44‑8AA before the person *entered the residential care service, that the conditions in paragraphs (1)(a), (b) and (c) would have been met for the person at the time specified in the determination if the references in subparagraphs (1)(b)(ii) and (iii) to the entry time had been references to the time specified in the determination.

3. (1C)

   Subject to subsection (1E), this subsection covers a determination, made under section 44‑8AA when or after the person *entered the residential care service, that the conditions in paragraphs (1)(a), (b) and (c) were met at the applicable time under subsection (2).

4. (1D)

   If:

   1. (a)

      a determination covered by subsection (1B) is made in relation to a person; and

   2. (b)

      the time specified in the determination is on or after 20 September 2009;

subsection (1B) has effect as if the reference to paragraph (1)(c) were a reference to that paragraph modified by:

1. (c)

   omitting “4” from subparagraph (i) and substituting “3.61”; and

2. (d)

   omitting “2.5” from subparagraph (iii) and substituting “2.25”.

1. (1E)

   If:

   1. (a)

      a determination covered by subsection (1C) is made in relation to a person; and

   2. (b)

      the applicable time under subsection (2) is on or after 20 September 2009;

subsection (1C) has effect as if the reference to paragraph (1)(c) were a reference to that paragraph modified by:

1. (c)

   omitting “4” from subparagraph (i) and substituting “3.61”; and

2. (d)

   omitting “2.5” from subparagraph (iii) and substituting “2.25”.

What is the applicable time?

1. (2)

   The applicable time is:

   1. (a)

      if:

      1. (i)

         the person had, within 28 days prior to *entry to the residential care service, been provided with residential care through another residential care service; and

      2. (ii)

         the person had paid an *accommodation bond for entry to that other service;

   the time that was, under this subsection, the applicable time in respect of that other service; or

   1. (b)

      in any other case—the time at which the person entered the residential care service.

44‑8AADeterminations for sections 44‑7 and 44‑8

Making determinations

1. (1)

   The Secretary may make a determination (the resident status determination) described in section 44‑7 or 44‑8 if:

   1. (a)

      the person mentioned in that section has applied, in a form approved by the Secretary, for the resident status determination; and

   2. (b)

      the Secretary has made a determination (the asset value determination) under section 44‑8AB of the value of the person’s assets at the time that is specified in the resident status determination; and

   3. (c)

      the Secretary is satisfied of the matters relating to the person that are to be set out in the resident status determination.

      Note: The time specified in a determination covered by subsection 44‑7(1C) or 44‑8(1C) is the applicable time under subsection 44‑7(2) or 44‑8(2).

Giving notice of decision on resident status determination

1. (2)

   Within 14 days after deciding whether or not to grant the application, the Secretary must notify the person in writing of:

   1. (a)

      the decision; and

   2. (b)

      if the Secretary made the resident status determination—the content of the determination.

When the resident status determination comes into force

1. (3)

   The resident status determination comes into force on the day it is made or an earlier day stated in the determination to be the day on which the determination comes into force.

When the resident status determination ceases to be in force

1. (5)

   The resident status determination ceases to be in force when the asset value determination ceases to be in force, if:

   1. (a)

      the person was not being provided with residential care (other than *respite care) through a residential care service when the resident status determination came into force; and

   2. (b)

      the person has not been provided with such care between:

      1. (i)

         the time the resident status determination came into force; and

      2. (ii)

         the time the asset value determination ceases to be in force.

      Note: Subsections 44‑8AB(3) and (4) explain how to work out when the asset value determination ceases to be in force.

2. (6)

   The Secretary may by written instrument revoke the resident status determination if he or she ceases to be satisfied of any of the matters relating to the person that are set out in the determination. The determination ceases to be in force on a day specified in the instrument (which may be before the instrument is made).

3. (7)

   Within 14 days after revoking the resident status determination, the Secretary must give written notice of the revocation and the day on which the determination ceases being in force to:

   1. (a)

      the person; and

   2. (b)

      each approved provider (if any) who has provided the person with residential care (other than *respite care) through a residential care service since the determination ceased to be in force.

4. (8)

   A resident status determination made under subsection (1) is not a legislative instrument.

44‑8ABDetermination of value of person’s assets

Making determinations

1. (1)

   The Secretary must determine the value, at the time specified in the determination, of a person’s assets in accordance with section 44‑10, if the person:

   1. (a)

      applies in the approved form for the determination; and

   2. (b)

      gives the Secretary sufficient information to make the determination.

The time specified must be at or before the determination is made.

Note: The determination may affect the maximum amount of accommodation bond or charge for the person under section 57‑12 or 57A‑6, as well as whether the person is a *supported resident under section 44‑5B, a concessional resident under section 44‑7 or an assisted resident under section 44‑8.

Giving notice of the determination

1. (2)

   Within 14 days after making the determination, the Secretary must give the person a copy of the determination.

When the determination is in force

1. (3)

   The determination is in force for the period specified in, or worked out under, the determination.

2. (4)

   However, the Secretary may by written instrument revoke the determination if he or she is satisfied that it is incorrect. The determination ceases to be in force on a day specified in the instrument (which may be before the instrument is made).

3. (5)

   Within 14 days after revoking the determination, the Secretary must give written notice of the revocation and the day the determination ceases being in force to:

   1. (a)

      the person; and

   2. (b)

      if the Secretary is aware that the person has given an approved provider a copy of the determination—the approved provider.

4. (6)

   A determination made under subsection (1) is not a legislative instrument.

44‑9Person taken not to be a supported resident, a concessional resident or an assisted resident if asset information not provided

If:

1. (a)

   a care recipient is provided with residential care through a residential care service at a particular time; and

2. (b)

   at that time, the care recipient has not given to the approved provider conducting the residential care service sufficient information about the care recipient’s assets for the approved provider to determine whether the care recipient is a *supported resident, an *assisted resident or a *concessional resident;

the person is taken, for the purposes of this Act, not to be a supported resident under subsection 44‑5B(1), a concessional resident under subsection 44‑7(1) or an assisted resident under subsection 44‑8(1) at that time.

Note: This section does not affect whether a person is a concessional resident under subsection 44‑7(1A) or an assisted resident under subsection 44‑8(1A).

44‑10How to work out the value of a person’s assets

1. (1)

   Subject to this section, the value of a person’s assets for the purposes of section 44‑5A, 44‑5B, 44‑7, 44‑8 or 44‑8AB is to be worked out in accordance with the Aged Care (Transitional Provisions) Principles.

2. (1A)

   If a person who is receiving a *service pension, an *income support supplement or a *veteran payment has an income stream (within the meaning of the Veterans’ Entitlements Act 1986) that was purchased on or after 20 September 2007, the value of the person’s assets:

   1. (a)

      is taken to include the amount that the Secretary determines to be the value of that income stream that would be included in the value of the person’s assets if Subdivision A of Division 11 of Part IIIB of the Veterans’ Entitlements Act 1986 applied for the purposes of this Act; and

   2. (b)

      is taken to exclude the amount that the Secretary determines to be the value of that income stream that would not be included in the value of the person’s assets if Subdivision A of Division 11 of Part IIIB of the Veterans’ Entitlements Act 1986 applied for the purposes of this Act.

3. (1B)

   If a person who is not receiving a *service pension, an *income support supplement or a *veteran payment has an income stream (within the meaning of the Social Security Act 1991) that was purchased on or after 20 September 2007, the value of the person’s assets:

   1. (a)

      is taken to include the amount that the Secretary determines to be the value of that income stream that would be included in the value of the person’s assets if Division 1 of Part 3.12 of the Social Security Act 1991 applied for the purposes of this Act; and

   2. (b)

      is taken to exclude the amount that the Secretary determines to be the value of that income stream that would not be included in the value of the person’s assets if Division 1 of Part 3.12 of the Social Security Act 1991 applied for the purposes of this Act.

4. (1C)

   The value of a person’s assets is taken to include the amount that the Secretary determines to be the amount:

   1. (a)

      if the person is receiving a *service pension, an *income support supplement or a *veteran payment—that would be included in the value of the person’s assets if Subdivisions B and BB of Division 11 and Subdivision H of Division 11A of Part IIIB of the Veterans’ Entitlements Act 1986 applied for the purposes of this Act; and

   2. (b)

      otherwise—that would be included in the value of the person’s assets if Division 2 of Part 3.12 and Division 8 of Part 3.18 of the Social Security Act 1991 applied for the purposes of this Act.

      Note 1: Subdivisions B and BB of Division 11 of Part IIIB of the Veterans’ Entitlements Act 1986, and Division 2 of Part 3.12 of the Social Security Act 1991, deal with disposal of assets.

      Note 2: Subdivision H of Division 11A of Part IIIB of the Veterans’ Entitlements Act 1986, and Division 8 of Part 3.18 of the Social Security Act 1991, deal with the attribution to individuals of assets of private companies and private trusts.

5. (2)

   In working out the value at a particular time of the assets of a person who is or was a *homeowner then, disregard the value of a home that, at the time, was occupied by:

   1. (a)

      the *partner or a *dependent child of the person; or

   2. (b)

      a carer of the person who:

      1. (i)

         had occupied the home for the past 2 years; and

      2. (ii)

         was eligible to receive an *income support payment at the time; or

   3. (c)

      a *close relation of the person who:

      1. (i)

         had occupied the home for the past 5 years; and

      2. (ii)

         was eligible to receive an *income support payment at the time.

6. (3)

   The value of the assets of a person who is a *member of a couple is taken to be 50% of the sum of:

   1. (a)

      the value of the person’s assets; and

   2. (b)

      the value of the assets of the person’s *partner.

7. (4)

   A reference to the value of the assets of a person is, in relation to an asset owned by the person jointly or in common with one or more other people, a reference to the value of the person’s interest in the asset.

8. (5)

   A determination under paragraph (1A)(a), (1A)(b), (1B)(a) or (1B)(b) or subsection (1C) is not a legislative instrument.

44‑11Definitions relating to supported residents,concessional residents and assisted residents

1. (1)

   In sections 44‑7, 44‑8, and 44‑10 and in this section:

child: without limiting who is a child of a person for the purposes of this section and sections 44‑7, 44‑8 and 44‑10, each of the following is the child of a person:

1. (a)

   a stepchild or an adopted child of the person;

2. (b)

   someone who would be the stepchild of the person except that the person is not legally married to the person’s partner;

3. (c)

   someone who is a child of the person within the meaning of the Family Law Act 1975;

4. (d)

   someone included in a class of persons specified for the purposes of this paragraph in the Aged Care (Transitional Provisions) Principles.

close relation, in relation to a person, means:

1. (a)

   a parent of the person; or

2. (b)

   a sister, brother, child or grandchild of the person; or

3. (c)

   a person included in a class of persons specified in the Aged Care (Transitional Provisions) Principles.

   Note: See also subsection (5).

dependent child has the meaning given by subsection (2).

homeowner has the meaning given by the Aged Care (Transitional Provisions) Principles.

member of a couple means:

1. (a)

   a person who is legally married to another person, and is not living separately and apart from the person on a permanent basis; or

2. (aa)

   a person whose relationship with another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section, and who is not living separately and apart from the other person on a permanent basis; or

3. (b)

   a person who lives with another person (whether of the same sex or a different sex) in a de facto relationship, although not legally married to the other person.

parent: without limiting who is a parent of a person for the purposes of this section and sections 44‑7, 44‑8 and 44‑10, someone is the parent of a person if the person is his or her child because of the definition of child in this section.

partner, in relation to a person, means the other *member of a couple of which the person is also a member.

1. (2)

   A young person (see subsection (3)) is a dependent child of a person (in this subsection referred to as the adult) if:

   1. (a)

      the adult:

      1. (i)

         is legally responsible (whether alone or jointly with another person) for the day‑to‑day care, welfare and development of the young person; or

      2. (ii)

         is under a legal obligation to provide financial support in respect of the young person; and

   2. (aa)

      in a subparagraph (a)(ii) case—the adult is not included in a class of people specified for the purposes of this paragraph in the Aged Care (Transitional Provisions) Principles; and

   3. (b)

      the young person is not:

      1. (i)

1. 1. 1. in full‑time employment; or

      2. (ii)

         in receipt of a social security pension (within the meaning of the Social Security Act 1991) or a social security benefit (within the meaning of that Act); or

      3. (iii)

         included in a class of people specified in the Aged Care (Transitional Provisions) Principles.

2. (3)

   A reference in subsection (2) to a young person is a reference to any of the following:

   1. (a)

      a person under 16 years of age;

   2. (b)

      a person who:

      1. (i)

         has reached 16 years of age, but is under 25 years of age; and

      2. (ii)

         is receiving full‑time education at a school, college or university;

   3. (c)

      a person included in a class of people specified in the Aged Care (Transitional Provisions) Principles.

3. (4)

   The reference in paragraph (2)(a) to care does not have the meaning given in the Dictionary in Schedule 1.

4. (5)

   For the purposes of paragraph (b) of the definition of close relation in subsection (1), if one person is the child of another person because of the definition of child in this section, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.

44‑12The respite supplement

1. (1)

   The respite supplement for the care recipient in respect of the *payment period is the sum of all the respite supplements for the days during the period on which:

   1. (a)

      the care recipient was provided with residential care through the residential care service in question; and

   2. (b)

      the care recipient was eligible for a respite supplement.

2. (2)

   The care recipient is eligible for a respite supplement on a particular day if, on that day:

   1. (a)

      the residential care provided through the residential care service:

      1. (i)

         was provided as *respite care; and

      2. (ii)

         meets any requirements specified in the Aged Care (Transitional Provisions) Principles; and

   2. (b)

      the care recipient’s approval under Part 2.3 of the Aged Care Act 1997 was not limited so as to preclude the provision of respite care; and

   3. (c)

      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 occurred does not equal or exceed the number specified, for the purposes of this paragraph, in the Aged Care (Transitional Provisions) Principles; and

   4. (d)

      immediately before that day, the number of successive days on which the care recipient had been provided with residential care as respite care does not equal the number specified, for the purposes of this paragraph, in the Aged Care (Transitional Provisions) Principles.

3. (3)

   The respite supplement for a particular day is the amount determined by the Minister by legislative instrument.

4. (4)

   The Minister may determine different amounts (including nil amounts) based on any one or more of the following:

   1. (a)

      the different levels of care at which a care recipient may be assessed under section 22‑4 of the Aged Care Act 1997;

   2. (d)

      whether a care recipient continues to be provided with residential care through a residential care service immediately after ceasing to be provided with *respite care through that service;

   3. (e)

      whether a care recipient is a *member of a couple;

   4. (f)

      any other matters specified in the Aged Care (Transitional Provisions) Principles.

44‑13The oxygen supplement

1. (1)

   The oxygen supplement for the care recipient in respect of the *payment period is the sum of all the oxygen supplements for the days during the period on which:

   1. (a)

      the care recipient was provided with residential care through the residential care service in question; and

   2. (b)

      a determination was in force under subsection (2) in relation to the care recipient; and

   3. (c)

      the residential care provided through the residential care service included administering oxygen to the care recipient in circumstances of a kind specified in the Aged Care (Transitional Provisions) Principles.

2. (2)

   The Secretary may determine that a care recipient is eligible for an oxygen supplement.

   Note: Refusals to make determinations are reviewable under Part 6.1.

3. (2A)

   A determination made under subsection (2) is not a legislative instrument.

4. (3)

   In deciding whether to make a determination, the Secretary must comply with any requirements, and have regard to any matters, specified in the Aged Care (Transitional Provisions) Principles.

5. (4)

   An approved provider that is providing, or is to provide, residential care to a care recipient may apply to the Secretary, in the form approved by the Secretary, for a determination under subsection (2) in respect of the care recipient.

6. (5)

   The Secretary must notify the applicant, in writing, of the Secretary’s decision on whether to make the determination. The notice must be given within 28 days after the decision is made.

7. (6)

   The oxygen supplement for a particular day is the amount:

   1. (a)

      determined by the Minister by legislative instrument; or

   2. (b)

      worked out in accordance with a method determined by the Minister by legislative instrument.

8. (7)

   The Minister may determine different amounts (including nil amounts) or methods based on any matters determined by the Minister by legislative instrument.

44‑14The enteral feeding supplement

1. (1)

   The enteral feeding supplement for the care recipient in respect of the *payment period is the sum of all the enteral feeding supplements for the days during the period on which:

   1. (a)

      the care recipient was provided with residential care through the residential care service in question; and

   2. (b)

      a determination was in force under subsection (2) in relation to the care recipient; and

   3. (c)

      the residential care provided through the residential care service included providing enteral feeding to the care recipient in circumstances of a kind specified in the Aged Care (Transitional Provisions) Principles.

2. (2)

   The Secretary may determine that a care recipient is eligible for an enteral feeding supplement.

   Note: Refusals to make determinations are reviewable under Part 6.1.

3. (2A)

   A determination made under subsection (2) is not a legislative instrument.

4. (3)

   In deciding whether to make a determination, the Secretary must comply with any requirements, and have regard to any matters, specified in the Aged Care (Transitional Provisions) Principles.

5. (4)

   An approved provider that is providing, or is to provide, residential care to a care recipient may apply to the Secretary, in the form approved by the Secretary, for a determination under subsection (2) in respect of the care recipient.

6. (5)

   The Secretary must notify the applicant, in writing, of the Secretary’s decision on whether to make the determination. The notice must be given within 28 days after the decision is made.

7. (6)

   The enteral feeding supplement for a particular day is the amount:

   1. (a)

      determined by the Minister by legislative instrument; or

   2. (b)

      worked out in accordance with a method determined by the Minister by legislative instrument.

8. (7)

   The Minister may determine different amounts (including nil amounts) or methods based on any matters determined by the Minister by legislative instrument.

44‑15Requests for further information

1. (1)

   If the Secretary needs further information to determine an application under section 44‑13 or 44‑14, the Secretary may give to the applicant a notice requesting the further information:

   1. (a)

      within the period specified in the notice; or

   2. (b)

      if no period is specified in the notice—within 28 days after receiving the notice.

2. (2)

   The application is taken to be withdrawn if the applicant does not give the further information within whichever of those periods applies.

   Note: The period for giving further information can be extended—see section 96‑7.

3. (3)

   The notice must contain a statement setting out the effect of subsection (2).

44‑16Additional primary supplements

1. (1)

   The Aged Care (Transitional Provisions) Principles may provide for additional primary supplements.

2. (2)

   The Aged Care (Transitional Provisions) Principles may specify, in respect of each such supplement, the circumstances in which the supplement will apply to a care recipient in respect of a *payment period.

3. (3)

   The Minister may determine by legislative instrument, in respect of each such supplement, the amount of the supplement, or the way in which the amount of the supplement is to be worked out.

Subdivision 44‑DReductions in subsidy

44‑17Reductions in subsidy

The reductions in subsidy for the care recipient under step 3 of the residential care subsidy calculator in section 44‑2 are such of the following reductions as apply to the care recipient in respect of the *payment period:

1. (a)

   the extra service reduction (see section 44‑18);

2. (c)

   the compensation payment reduction (see section 44‑20).

44‑18The extra service reduction

1. (1)

   The extra service reduction for the care recipient in respect of the *payment period is the sum of all the extra service reductions for days during the period on which:

   1. (a)

      the care recipient was provided with residential care through the residential care service in question; and

   2. (b)

      the care is provided in respect of a place that is an *extra service place (see Division 31 of the Aged Care Act 1997), or the care is required, under a condition of a kind specified in paragraph 32‑8(3)(b) of the Aged Care Act 1997, to be provided on an extra service basis.

2. (2)

   The extra service reduction for a particular day is an amount equal to 25% of the daily rate of the extra service fee in force for the *place under Division 35 of the Aged Care Act 1997.

44‑20The compensation payment reduction

1. (1)

   The compensation payment reduction for the care recipient in respect of the *payment period is the sum of all compensation payment reductions for days during the period:

   1. (a)

      on which the care recipient is provided with residential care through the residential care service in question; and

   2. (b)

      that are covered by a compensation entitlement.

2. (2)

   For the purposes of this section, a day is covered by a compensation entitlement if:

   1. (a)

      the care recipient is entitled to compensation under a judgment, settlement or reimbursement arrangement; and

   2. (b)

      the compensation takes into account the cost of providing residential care to the care recipient on that day; and

   3. (c)

      the application of compensation payment reductions to the care recipient for preceding days has not resulted in reductions in subsidy that, in total, exceed or equal the part of the compensation that relates, or is to be treated under subsection (5) or (6) as relating, to future costs of providing residential care.

3. (3)

   The compensation payment reduction for a particular day is an amount equal to the amount of *residential care subsidy that would be payable for the care recipient in respect of the *payment period if:

   1. (a)

      the care recipient was provided with residential care on that day only; and

   2. (b)

      this section and Subdivision 44‑F did not apply.

4. (4)

   However, if:

   1. (a)

      the compensation payment reduction arises from a judgment or settlement that fixes the amount of compensation on the basis that liability should be apportioned between the care recipient and the compensation payer; and

   2. (b)

      as a result, the amount of compensation is less than it would have been if liability had not been so apportioned; and

   3. (c)

      the compensation is not paid in a lump sum;

the amount of the compensation payment reduction under subsection (3) is reduced by the proportion corresponding to the proportion of liability that is apportioned to the care recipient by the judgment or settlement.

1. (5)

   If a care recipient is entitled to compensation under a judgment or settlement that does not take into account the future costs of providing residential care to the care recipient, the Secretary may, in accordance with the Aged Care (Transitional Provisions) Principles, determine:

   1. (a)

      that, for the purposes of this section, the judgment or settlement is to be treated as having taken into account the cost of providing that residential care; and

   2. (b)

      the part of the compensation that, for the purposes of this section, is to be treated as relating to the future costs of providing residential care.

      Note: Determinations are reviewable under Part 6.1.

2. (6)

   If:

   1. (a)

      a care recipient is entitled to compensation under a settlement; and

   2. (b)

      the settlement takes into account the future costs of providing residential care to the recipient; and

   3. (c)

      the Secretary is satisfied that the settlement does not adequately take into account the future costs of providing residential care to the care recipient;

the Secretary may, in accordance with the Aged Care (Transitional Provisions) Principles, determine the part of the compensation that, for the purposes of this section, is to be treated as relating to the future costs of providing residential care.

Note: Determinations are reviewable under Part 6.1.

1. (7)

   A determination under subsection (5) or (6) must be in writing and notice of it must be given to the care recipient.

2. (7A)

   A determination under subsection (5) or (6) is not a legislative instrument.

3. (8)

   A reference in this section to the costs of providing residential care does not include a reference to an amount that is or may be payable as an *accommodation bond, except to the extent provided in the Aged Care (Transitional Provisions) Principles.

4. (9)

   In this section, the following terms have the same meanings as in the Health and Other Services (Compensation) Act 1995:

compensation

compensation payer

judgment

reimbursement arrangement

settlement.

Subdivision 44‑EThe income test

44‑21The income test

1. (1)

   The income test for the care recipient under step 4 of the residential care subsidy calculator in section 44‑2 is applied by working out the amount (if any) of the income tested reduction in respect of the *payment period.

2. (2)

   The income tested reduction in respect of the *payment period is the sum of all the *daily income tested reductions for days during the period on which the care recipient is provided with residential care through the residential care service in question.

3. (3)

   The *daily income tested reduction for a particular day is worked out as follows:

Income tested reduction calculator

Step 1. Work out the care recipient’s *total assessable income on a yearly basis (see section 44‑24).

Step 2. Work out the care recipient’s *total assessable income free area (see section 44‑26).

Step 3. If the care recipient’s *total assessable income does not exceed the care recipient’s *total assessable income free area, the income tested reduction is zero.

Step 4. If the care recipient’s *total assessable income exceeds the care recipient’s *total assessable income free area, the smallest of the following amounts (rounded down to the nearest cent) is the *daily income tested reduction:

1. (a)

   the amount equal to 5/12 of that excess (worked out on a per day basis);

2. (b)

   the amount equal to 135% of the *basic age pension amount for that day (worked out on a per day basis);

3. (c)

   the subsidy related amount for a care recipient for a day (see subsection (4)).

   1. Note:

      In some circumstances, a different *daily income tested reduction will apply under section 44‑22 or 44‑23.

1. (4)

   The subsidy related amount for a care recipient for a day is the total of the following amounts:

   1. (a)

      the adjusted basic subsidy amount for the care recipient for the day (see subsection (5));

   2. (b)

      the amounts of any primary supplements worked out using Subdivision 44‑C for the care recipient for the day;

less the amounts of any reductions in subsidy worked out using Subdivision 44‑D for the care recipient for the day.

1. (5)

   The adjusted basic subsidy amount for a care recipient for a day is an amount:

   1. (a)

      determined by the Minister by legislative instrument; or

   2. (b)

      worked out in accordance with a method determined by the Minister by legislative instrument.

44‑22Daily income tested reduction taken to be zero in some circumstances

1. (1)

   The *daily income tested reduction in respect of the care recipient is taken to be zero for each day, during the *payment period, on which one or more of the following applies:

   1. (a)

      the care recipient was provided with *respite care;

   2. (b)

      a determination was in force under subsection (2) in relation to the care recipient;

   3. (c)

      the care recipient was included in a class of people specified in the Aged Care (Transitional Provisions) Principles.

2. (2)

   The Secretary may, in accordance with the Aged Care (Transitional Provisions) Principles, determine that the *daily income tested reduction in respect of the care recipient is to be taken to be zero.

   Note: Refusals to make determinations are reviewable under Part 6.1.

3. (3)

   The determination ceases to be in force at the end of the period (if any) specified in the determination.

   Note: Decisions specifying periods are reviewable under Part 6.1.

4. (4)

   In deciding whether to make a determination, the Secretary must have regard to the matters specified in the Aged Care (Transitional Provisions) Principles.

5. (5)

   Application may be made to the Secretary, in the form approved by the Secretary, for a determination under subsection (2) in respect of a care recipient. The application may be made by:

   1. (a)

      the care recipient; or

   2. (b)

      an approved provider that is providing, or is to provide, residential care to the care recipient.

6. (6)

   The Secretary must notify the care recipient and the approved provider, in writing, of the Secretary’s decision on whether to make the determination. The notice must be given:

   1. (a)

      if an application for a determination was made under subsection (5)—within 28 days after the application was made, or, if the Secretary requested further information in relation to the application, within 28 days after receiving the information; or

   2. (b)

      if such an application was not made—within 28 days after the decision is made.

7. (7)

   A determination under subsection (2) is not a legislative instrument.

44‑23Effect on daily income tested reduction of failure to give requested information

1. (1)

   If the care recipient fails to give to the Secretary information, within the time specified in a notice under subsection 44‑24(8), that the Secretary requests for the purpose of determining the care recipient’s *total assessable income under section 44‑24, the *daily income tested reduction in respect of the care recipient, for each day during the period:

   1. (a)

      starting on the day on which the care recipient failed to give the information; and

   2. (b)

      finishing at the end of the day before the day on which the care recipient gives to the Secretary the information requested;

is the amount worked out under subsection (4) of this section.

1. (2)

   If the care recipient elects, by a written notice given to the Secretary, not to give any information to the Secretary for the purpose of determining the care recipient’s *total assessable income under section 44‑24, the *daily income tested reduction in respect of the care recipient, for each day during the period:

   1. (a)

      starting on the day on which the care recipient made the election; and

   2. (b)

      finishing at the end of, the day before the day on which the care recipient gives to the Secretary a written notice revoking the election;

is the amount worked out under subsection (4) of this section.

1. (3)

   The Secretary must not, while the election is in force, request the care recipient to give information for the purpose of determining the care recipient’s *total assessable income under section 44‑24.

2. (4)

   For the purpose of subsections (1) and (2), the *daily income tested reduction in respect of the care recipient is whichever is the lesser of the following amounts (rounded down to the nearest cent):

   1. (a)

      the amount equal to 135% of the *basic age pension amount for that day (worked out on a per day basis);

   2. (b)

      the subsidy related amount worked out under subsection 44‑21(4) for the care recipient for that day.

      Note: Care recipients are not obliged to give information to the Secretary. However, if they do not, the amount of residential care subsidy paid for their care may be reduced, and the amount of resident fees that they are liable to pay may therefore increase (see Division 58).

44‑24The care recipient’s total assessable income

1. (1)

   If the care recipient is not entitled to an *income support payment, his or her total assessable income is the amount the Secretary determines to be the amount that would be worked out as the care recipient’s ordinary income for the purpose of applying Module E of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991.

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Chapter 3
Division 40
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Part 3.1
Division 41
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Division 42
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Division 43
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Division 44
Subdivision 44‑B
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Subdivision 44‑C
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Subdivision 44‑E
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s 44‑26.......................................	am No 126, 2014
Subdivision 44‑F
s 44‑27.......................................	am No 76, 2013; No 126, 2014; No 34, 2022
s 44‑28.......................................	am No 76, 2013
s 44‑29.......................................	am No 76, 2013
rep No 34, 2022
s 44‑30.......................................	am No 76, 2013
s 44‑31.......................................	am No 76, 2013
s 44‑32.......................................	rep No 126, 2014
Part 3.2
Division 45
s 45‑1.........................................	am No 19, 2016
s 45‑2.........................................	rs No 76, 2013
s 45‑3.........................................	am No 76, 2013
Division 46
s 46‑1.........................................	am No 76, 2013
rs No 19, 2016
am No 116, 2019
s 46‑2.........................................	am No 76, 2013
s 46‑3.........................................	rep No 19, 2016
Division 47
s 47‑1.........................................	am No 124, 2020; No 2, 2021
s 47‑2.........................................	am No 76, 2013
s 47‑3.........................................	am No 76, 2013
rep No 124, 2020
s 47‑4.........................................	am No 124, 2020
s 47‑4A......................................	am No 2, 2021
s 47‑5.........................................	am No 76, 2013
Division 48
s 48‑1.........................................	am No 2, 2021
Part 3.3
Division 49
s 49‑2.........................................	rs No 76, 2013
Division 50
s 50‑1.........................................	am No 76, 2013
s 50‑2.........................................	am No 76, 2013
Division 51
s 51‑1.........................................	am No 76, 2013
Chapter 4
Division 53.................................	rep No 76, 2013
s 53‑1.........................................	rep No 76, 2013
s 53‑2.........................................	rep No 76, 2013
Part 4.1......................................	rep No 76, 2013
s 54‑1.........................................	rep No 76, 2013
s 54‑2.........................................	rep No 76, 2013
s 54‑4.........................................	rep No 76, 2013
s 54‑5.........................................	rep No 76, 2013
Part 4.2
Division 55.................................	rep No 76, 2013
s 55‑1.........................................	rep No 76, 2013
s 55‑2.........................................	rep No 76, 2013
Division 56.................................	rep No 76, 2013
s 56‑1.........................................	rep No 76, 2013
s 56‑2.........................................	rep No 76, 2013
s 56‑3.........................................	rep No 76, 2013
s 56‑4.........................................	rep No 76, 2013
s 56‑5.........................................	rep No 76, 2013
Division 57
Division 57 heading.....................	am No 76, 2013
s 57‑1.........................................	am No 76, 2013
Subdivision 57‑A
s 57‑2.........................................	am No 76, 2013; No 109, 2014; No 116, 2019; No 34, 2022
Subdivision 57‑ B........................	rep No 76, 2013
s 57‑3.........................................	rep No 76, 2013
s 57‑4.........................................	rep No 76, 2013
Subdivision 57‑C
s 57‑9.........................................	am No 76, 2013
Subdivision 57‑D
s 57‑12.......................................	am No 76, 2013
s 57‑13.......................................	am No 76, 2013
rs No 34, 2022
s 57‑14.......................................	am No 76, 2013
s 57‑15.......................................	am No 76, 2013
Subdivision 57‑E
s 57‑16.......................................	am No 76, 2013; No 109, 2014
s 57‑17.......................................	am No 76, 2013
Subdivision 57‑ EA......................	rep No 76, 2013
s 57‑17A....................................	rep No 76, 2013
s 57‑17B....................................	rep No 76, 2013
Subdivision 57‑F
s 57‑18.......................................	am No 76, 2013; No 109, 2014
s 57‑19.......................................	am No 76, 2013
s 57‑20.......................................	am No 76, 2013; No 109, 2014
Subdivision 57‑G........................	rep No 76, 2013
s 57‑21.......................................	rep No 76, 2013
s 57‑21AA..................................	rep No 76, 2013
s 57‑21A....................................	rep No 76, 2013
s 57‑21B....................................	rep No 76, 2013
s 57‑22.......................................	rep No 76, 2013
Subdivision 57‑H........................	rep No 34, 2022
s 57‑23.......................................	am No 76, 2013
rep No 34, 2022
Division 57A
Subdivision 57A‑A
s 57A‑2......................................	am No 76, 2013; No 109, 2014; No 116, 2019; No 34, 2022
Subdivision 57A‑B
s 57A‑3......................................	am No 76, 2013
Subdivision 57A‑C
s 57A‑6......................................	am No 76, 2013
s 57A‑8......................................	rep No 109, 2014
s 57A‑8A...................................	rs No 34, 2022
s 57A‑9......................................	am No 76, 2013
s 57A‑10....................................	am No 76, 2013
Subdivision 57A‑D
s 57A‑12....................................	am No 76, 2013
Division 58
s 58‑1.........................................	am No 76, 2013
s 58‑2.........................................	am No 76, 2013; No 126, 2014; No 128, 2015
s 58‑3.........................................	am No 126, 2014
s 58‑4.........................................	rep No 126, 2014
s 58‑5.........................................	am No 76, 2013; No 128, 2015
s 58‑6.........................................	am No 41, 2020; No 34, 2022
Division 59.................................	rep No 76, 2013
s 59‑1.........................................	rep No 76, 2013
Division 60
s 60‑1.........................................	am No 76, 2013
s 60‑2.........................................	am No 76, 2013
Division 61.................................	rep No 76, 2013
s 61‑1.........................................	rep No 76, 2013
Division 62.................................	rep No 76, 2013
s 62‑1.........................................	rep No 76, 2013
s 62‑2.........................................	rep No 76, 2013
Part 4.3......................................	rep No 76, 2013
s 63‑1.........................................	rep No 76, 2013
s 63‑1AA...................................	rep No 76, 2013
s 63‑1A......................................	rep No 76, 2013
s 63‑1B......................................	rep No 76, 2013
s 63‑1C......................................	rep No 76, 2013
s 63‑2.........................................	rep No 76, 2013
Part 4.4......................................	rep No 76, 2013
s 64‑1.........................................	rep No 76, 2013
s 64‑2.........................................	rep No 76, 2013
s 65‑1.........................................	rep No 76, 2013
s 65‑1A......................................	rep No 76, 2013
s 65‑2.........................................	rep No 76, 2013
s 66‑1.........................................	rep No 76, 2013
s 66‑2.........................................	rep No 76, 2013
s 66A‑1......................................	rep No 76, 2013
s 66A‑2......................................	rep No 76, 2013
s 66A‑3......................................	rep No 76, 2013
s 66A‑4......................................	rep No 76, 2013
s 67‑1.........................................	rep No 76, 2013
s 67‑2.........................................	rep No 76, 2013
s 67‑3.........................................	rep No 76, 2013
s 67‑4.........................................	rep No 76, 2013
s 67‑5.........................................	rep No 76, 2013
s 67A‑1......................................	rep No 76, 2013
s 67A‑2......................................	rep No 76, 2013
s 67A‑3......................................	rep No 76, 2013
s 67A‑4......................................	rep No 76, 2013
s 67A‑5......................................	rep No 76, 2013
s 67A‑6......................................	rep No 76, 2013
s 68‑1.........................................	rep No 76, 2013
s 68‑2.........................................	rep No 76, 2013
s 68‑3.........................................	rep No 76, 2013
s 68‑4.........................................	rep No 76, 2013
s 68‑5.........................................	rep No 76, 2013
s 68‑6.........................................	rep No 76, 2013
Chapter 5...................................	rep No 76, 2013
s 69‑1.........................................	rep No 76, 2013
s 70‑1.........................................	rep No 76, 2013
s 70‑2.........................................	rep No 76, 2013
s 70‑3.........................................	rep No 76, 2013
s 71‑1.........................................	rep No 76, 2013
s 71‑2.........................................	rep No 76, 2013
s 71‑3.........................................	rep No 76, 2013
s 72‑1.........................................	rep No 76, 2013
s 72‑4.........................................	rep No 76, 2013
s 72‑5.........................................	rep No 76, 2013
s 72‑6.........................................	rep No 76, 2013
s 72‑7.........................................	rep No 76, 2013
s 73‑1.........................................	rep No 76, 2013
s 73‑3.........................................	rep No 76, 2013
s 73‑4.........................................	rep No 76, 2013
s 73‑5.........................................	rep No 76, 2013
s 73‑6.........................................	rep No 76, 2013
s 73‑7.........................................	rep No 76, 2013
s 74‑1.........................................	rep No 76, 2013
s 81‑1.........................................	rep No 76, 2013
s 81‑2.........................................	rep No 76, 2013
s 81‑3.........................................	rep No 76, 2013
s 81‑4.........................................	rep No 76, 2013
s 81‑5.........................................	rep No 76, 2013
s 82‑1.........................................	rep No 76, 2013
s 82‑2.........................................	rep No 76, 2013
s 82‑3.........................................	rep No 76, 2013
s 82‑4.........................................	rep No 76, 2013
s 82‑5.........................................	rep No 76, 2013
s 83‑1.........................................	rep No 76, 2013
s 83‑2.........................................	rep No 76, 2013
s 83‑3.........................................	rep No 76, 2013
Chapter 6
Division 84
s 84‑1.........................................	rs No 76, 2013
Part 6.1
Division 85
s 85‑1.........................................

am No 76, 2013; No 17, 2018; No 34, 2022
s 85‑4.........................................	am No 98, 2014; No 38, 2024; No 14, 2025
s 85‑5.........................................	am No 98, 2014; No 17, 2018; No 38, 2024
s 85‑6.........................................	rep No 98, 2014
s 85‑7.........................................	rep No 98, 2014
s 85‑8.........................................	am No 38, 2024
Part 6.2......................................	rep No 76, 2013
s 86‑1.........................................	rep No 76, 2013
s 86‑2.........................................	rep No 76, 2013
s 86‑3.........................................	rep No 76, 2013
s 86‑4.........................................	rep No 76, 2013
s 86‑5.........................................	rep No 76, 2013
s 86‑6.........................................	rep No 76, 2013
s 86‑7.........................................	rep No 76, 2013
s 86‑8.........................................	rep No 76, 2013
s 86‑9.........................................	rep No 76, 2013
Part 6.3......................................	rep No 76, 2013
s 87‑1.........................................	rep No 76, 2013
s 87‑2.........................................	rep No 76, 2013
s 87‑3.........................................	rep No 76, 2013
s 88‑1.........................................	rep No 76, 2013
s 88‑2.........................................	rep No 76, 2013
s 88‑3.........................................	rep No 76, 2013
s 89‑1.........................................	rep No 76, 2013
Part 6.4......................................	rep No 76, 2013
s 90‑1.........................................	rep No 76, 2013
s 90‑2.........................................	rep No 76, 2013
s 90‑3.........................................	rep No 76, 2013
s 90‑4.........................................	rep No 76, 2013
s 91‑1.........................................	rep No 76, 2013
s 91‑2.........................................	rep No 76, 2013
s 91‑3.........................................	rep No 76, 2013
s 92‑1.........................................	rep No 76, 2013
s 92‑2.........................................	rep No 76, 2013
s 92‑3.........................................	rep No 76, 2013
s 92‑4.........................................	rep No 76, 2013
s 92‑5.........................................	rep No 76, 2013
s 92‑6.........................................	rep No 76, 2013
s 92‑7.........................................	rep No 76, 2013
s 92‑8.........................................	rep No 76, 2013
s 93‑1.........................................	rep No 76, 2013
s 93‑2.........................................	rep No 76, 2013
s 93‑4.........................................	rep No 76, 2013
s 94‑1.........................................	rep No 76, 2013
s 94‑2.........................................	rep No 76, 2013
Part 6.4A....................................	rep No 76, 2013
s 94A‑1......................................	rep No 76, 2013
Part 6.5......................................	rep No 76, 2013
s 95‑1.........................................	rep No 76, 2013
s 95‑2.........................................	rep No 76, 2013
s 95‑3.........................................	rep No 76, 2013
s 95‑4.........................................	rep No 76, 2013
s 95‑5.........................................	rep No 76, 2013
s 95‑6.........................................	rep No 76, 2013
Part 6.6......................................	rep No 76, 2013
s 95A‑1......................................	rep No 76, 2013
s 95A‑2......................................	rep No 76, 2013
s 95A‑3......................................	rep No 76, 2013
s 95A‑4......................................	rep No 76, 2013
s 95A‑5......................................	rep No 76, 2013
s 95A‑6......................................	rep No 76, 2013
s 95A‑7......................................	rep No 76, 2013
s 95A‑8......................................	rep No 76, 2013
s 95A‑9......................................	rep No 76, 2013
s 95A‑10....................................	rep No 76, 2013
s 95A‑11....................................	rep No 76, 2013
s 95A‑11A..................................	rep No 76, 2013
s 95A‑12....................................	rep No 76, 2013
Part 6.7......................................	rep No 76, 2013
s 95B‑1......................................	rep No 76, 2013
s 95B‑2......................................	rep No 76, 2013
s 95B‑3......................................	rep No 76, 2013
s 95B‑4......................................	rep No 76, 2013
s 95B‑5......................................	rep No 76, 2013
s 95B‑6......................................	rep No 76, 2013
s 95B‑7......................................	rep No 76, 2013
s 95B‑8......................................	rep No 76, 2013
s 95B‑9......................................	rep No 76, 2013
s 95B‑10....................................	rep No 76, 2013
s 95B‑11....................................	rep No 76, 2013
s 95B‑12....................................	rep No 76, 2013
Chapter 7
Division 96
s 96‑1.........................................	rs No 76, 2013
s 96‑2.........................................	am No 76, 2013
rs No 98, 2014
am No 19, 2016; No 34, 2022; No 17, 2025
s 96‑3.........................................	rep No 76, 2013
s 96‑4.........................................	am No 76, 2013
s 96‑5.........................................	am No 76, 2013 (md)
s 96‑8.........................................	rep No 76, 2013
s 96‑9.........................................	rep No 76, 2013
s 96‑10.......................................	rep No 76, 2013
Schedule 1
Schedule 1..................................	am No 76, 2013; No 109, 2014; No 126, 2014; No 59, 2015; No 19, 2016; No 17, 2018; No 150, 2018; No 116, 2019; No 2, 2021; No 34, 2022; No 14, 2025; No 17, 2025