Aged Care (Transitional Provisions) (Subsidy and Other Measures) Amendment (Short-term Restorative Care) Determination 2016 (Cth)

Aged Care (Transitional Provisions) (Subsidy and Other Measures) Amendment (Short‑term Restorative Care) Determination 2016

I, Sussan Ley, Minister for Aged Care, make the following determination.

Dated   2 May  2016

Sussan Ley

Minister for Aged Care

Contents

1............ Name............................................................................................................................. 1

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

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments  2

Aged Care (Transitional Provisions) (Subsidy and Other Measures) Determination 2014    2

1  Name

This is the Aged Care (Transitional Provisions) (Subsidy and Other Measures) Amendment (Short-term Restorative Care) Determination 2016.

2  Commencement

(1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	At the same time as the Aged Care Legislation Amendment (Short‑term Restorative Care) Principles 2016 commence.	6 May 2016

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

This instrument is made under the Aged Care (Transitional Provisions) Act 1997.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Aged Care (Transitional Provisions) (Subsidy and Other Measures) Determination 2014

1  Section 5

Insert:

innovative care service has the same meaning as in the Subsidy Principles 2014.

multi‑purpose service has the same meaning as in the Subsidy Principles 2014.

short‑term restorative care has the same meaning as in the Subsidy Principles 2014.

transition care has the same meaning as in the Subsidy Principles 2014.

2  Section 80 (heading)

Repeal the heading, substitute:

80  Purpose of this Chapter

3  Section 80

Omit “this Part provides”, substitute “this Chapter provides”.

4  Section 81

Omit “In this Part”, substitute “In this Chapter”.

5  Section 81 (definition of transition care)

Repeal the definition.

6  At the end of section 93

Add:

Flexible care provided as short‑term restorative care

(4)  The amount of flexible care subsidy payable for a day for a care recipient who is being provided with short‑term restorative care through a flexible care service is the amount of flexible care subsidy that would apply for the day under Part 4 of Chapter 4 of the Aged Care (Subsidy, Fees and Payments) Determination 2014 if:

(a)  the care recipient were not a continuing care recipient; and

(b)  the flexible care subsidy were payable under the Aged Care Act 1997.