Community Care Subsidy Principles 1997 (Cth)
Community Care Subsidy Principles 1997
as amended
made under subsection 96-1 (1) of the
Aged Care Act 1997
This compilation was prepared on 19 October 2012
taking into account amendments up to Community Care Subsidy Amendment Principles 2012 (No. 1)
Prepared by the Office of Parliamentary Counsel, Canberra
Contents
Part 1Preliminary
12.1Citation [see Note 1] 3
12.2Commencement 3
12.3Definitions 3
Part 2Meaning of community care
12.4Purpose of Part (Act, s 45-3) 4
12.5The care 4
Part 3Suspension of community care services
12.6Purpose of Part (Act, s 46-2) 6
12.7Specification of matters 6
Part 4Advances of community care subsidy
12.8Purpose of Part (Act, s 47-3) 7
12.9Requirement 7
Notes 8
Note: Part 3.2 of the Aged Care Act 1997
Community care is care consisting of a package of personal care services and other personal assistance provided to a person who is not being provided with residential care.
These Principles specify kinds of care that are, or are not, included in the package.
Part 1 Preliminary
12.1 Citation [see Note 1]
These Principles may be cited as the Community Care Subsidy Principles 1997.
12.2 Commencement
These Principles commence on 1 October 1997.
12.3 Definitions
In these Principles:
Act means the Aged Care Act 1997.
transition care has the meaning given by section 15.28 of the Flexible Care Subsidy Principles 1997.
Note: Definitions
A number of expressions used in these Principles are defined in the Aged Care Act 1997 (see Dictionary in Schedule 1), including:
aged care
approved provider
residential care service.
Part 2 Meaning of community care
12.4 Purpose of Part (Act, s 45-3)
This Part specifies care that constitutes community care.
12.5 The care
(1) Community care for a person is constituted by providing a package of services, including personal assistance, for any of the following:
(a) bathing, showering, or personal hygiene;
(b) toileting;
(c) dressing or undressing;
(d) mobility;
(e) transfer;
(f) preparing and eating meals;
(g) sensory communication, or fitting sensory communication aids;
(h) laundry;
(i) home help;
(j) gardening;
(k) short-term illness.
(2) Community care for a person is also constituted by providing any of the following kinds of care:
(a) special diet;
(b) control and administration of medication prescribed by a medical practitioner, subject to legal restrictions on providing the medication;
(c) rehabilitative support, or helping to get access to rehabilitative support, to meet a professionally determined therapeutic need;
(d) administration of treatment such as eye drops, back rubs, dressings and urine tests, subject to legal restrictions on providing the treatment;
(e) emotional support and direct supervision;
(f) having at least 1 responsible person or agency, approved by the organisation providing the community care, reasonably near and continuously on call to give emergency assistance when needed;
(g) transport to help the person shop, visit a medical practitioner or attend socialisation activities;
(h) temporary respite care in the home;
(i) home maintenance, including modification, reasonably required to maintain the home and garden in a condition of functional safety and provide an adequate level of security;
(j) arranging social activities, providing or coordinating transport to social functions at a reasonable frequency and other out-of-home services that help prevent social isolation;
(k) advocacy services to help protect the person’s interests;
(l) support services to maintain personal affairs;
(m) other services required to maintain the person at home.
(3) Community care for a person may be provided at one of the following levels:
(a) home care level 1, comprising a basic care package;
(b) home care level 2, comprising a low care package;
(c) home care level 3, comprising an intermediate care package;
(d) home care level 4, comprising a high care package.
Part 3 Suspension of community care services
12.6 Purpose of Part (Act, s 46-2)
This Part makes provision about days on which, and the maximum number of days for which, community care is taken to have been provided despite its temporary suspension.
12.7 Specification of matters
(1) For subparagraph 46-2 (3) (b) (ii) of the Act, there is specified:
(a) an alternative care service (other than flexible care in the form of transition care) at a level at least equivalent to community care; or
(b) flexible care that is:
(i) in the form of transition care; and
(ii) provided by an approved provider to whom a flexible care subsidy is payable in respect of the care recipient and the day.
(2) For subparagraph 46-2 (3) (b) (iii) of the Act, there is specified any period for which the care recipient has requested, for any reason (other than a reason covered by subparagraph 46‑2 (3) (b) (i) or (ii) of the Act), that the approved provider suspend, on a temporary basis, the provision of community care to the care recipient.
(3) For subsection 46-2 (4) of the Act, the maximum number of days for which, under subsection 46-2 (3) of the Act, a care recipient may be taken to have been provided with community care during a particular year is:
(a) for subparagraph 46-2 (3) (b) (ii) of the Act, in respect of a period mentioned in paragraph (1) (a) of these Principles — 28 days; and
(b) for subparagraph 46-2 (3) (b) (iii) of the Act — 28 days.
(4) For the purposes of Part 3.2 of the Act, and in addition to any period for which a care recipient may be taken under subsection 46-2 (3) of the Act to have been provided with community care, the care recipient is to be taken to have been provided with community care as required by the community care agreement during any period of less than 5 consecutive days for which the care recipient has requested that the approved provider suspend, on a temporary basis, the provision of community care to the care recipient (regardless of the reason for the care recipient’s request).
Part 4 Advances of community care subsidy
12.8 Purpose of Part (Act, s 47-3)
This Part sets out a requirement for working out amounts of advances of community care subsidy.
12.9 Requirement
Amounts of advances must be worked out by taking into account only care recipients who are being provided with community care in accordance with a community care agreement.
Notes to the Community Care Subsidy Principles 1997
Note 1
The Community Care Subsidy Principles 1997 (in force under subsection 96-1 (1) of the Aged Care Act 1997) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | Date of notification | Date of | Application, saving or |
| Community Care Subsidy Principles 1997 | 29 Sept 1997 (see Gazette, 1997, No. S380) | 1 Oct 1997 | |
| Community Care Subsidy Amendment Principles 2005 (No. 1) | 24 June 2005 (see F2005L01662) | 24 June 2005 | — |
| Community Care Subsidy Amendment Principles 2012 (No. 1) | 18 Oct 2012 (see F2012L02056) | 19 Oct 2012 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| Part 1 | |
| Heading to s. 12.3............... | rs. No. 1, 2005 |
| S. 12.3.................................... | am. No. 1, 2005 |
| Part 2 | |
| S. 12.5.................................... | am. No. 1, 2012 |
| Part 3 | |
| S. 12.7.................................... | rs. No. 1, 2005 |
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