Residential Care Subsidy Amendment Principles 2008 (No. 1) (Cth)
Residential Care Subsidy Amendment Principles 2008 (No. 1)
Aged Care Act 1997
I, JUSTINE ELLIOT, Minister for Ageing, make these Principles under subsection 96‑1 (1) of the Aged Care Act 1997.
Dated 13 March 2008
JUSTINE ELLIOT
Minister for Ageing
Name of Principles
These Principles are the Residential Care Subsidy Amendment Principles 2008 (No. 1).
Commencement
These Principles commence on the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007.
Amendment of Residential Care Subsidy Principles 1997
Schedule 1 amends the Residential Care Subsidy Principles 1997.
Schedule 1 Amendments
(section 3)
[1] Subsection 21.3 (1), before definition of Act
insert
ACFI classification means a classification, or renewal of a classification, of a care recipient under the Act and the Classification Principles 1997 as in force on or after the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007.
[2] Subsection 21.3 (1), after definition of illness‑separated‑rate social security pension
insert
RCS classification means a classification, or renewal of a classification, of a care recipient under the Act and the Classification Principles 1997 as in force immediately before the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007.
[3] Subsection 21.3 (3)
omit
Note 2 Basic age pension amount is defined in the Dictionary included in Sch 1 to the Act.
| Note: Definitions A number of expressions used in these Principles are defined in the Aged Care Act 1997 (see Dictionary in Schedule 1), including: | |
| · accommodation bond · accommodation charge · accreditation body · accreditation requirement · approved provider · assisted resident · care · charge exempt resident | · concessional resident · dependent child · high level of residential care · partner · payment period · residential care service · respite care · Secretary. |
insert
Note 2 For the definitions of the following expressions, see the Dictionary in Schedule 1 to the Act:
· accommodation bond
· accommodation charge
· accreditation body
· accreditation requirement
· approved provider
· assisted resident
· basic age pension amount
· care
· charge exempt resident
· concessional resident
· dependent child
· high level of residential care
· lowest applicable classification level
· partner
· payment period
· residential care service
· respite care
· Secretary.
[4] Paragraph 21.11 (1) (c)
substitute
(c) whether, on a particular day, the number of days on which the care recipient had previously been provided with residential care as respite care during the financial year in which the day occurs equals or exceeds the number of days specified in section 21.18 for paragraph 44‑12 (2) (c) of the Act;
[5] Subsection 21.11 (3), definition of reappraisal period
substitute
reappraisal period means:
(a) for an RCS classification — the period mentioned in paragraph 28‑3 (1) (a) or (b) or 28‑3 (2) (c) or (d) of the Act, as in force immediately before the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007, whichever is applicable; and
(b) for an ACFI classification — the reappraisal period for the classification under section 27‑2 of the Act, as in force on or after the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007.
[6] Subsection 21.18 (1)
substitute
(1) For paragraph 44‑12 (2) (c) of the Act, 63 days is specified.
[7] Subsections 21.25 (1) and (2)
substitute
(1) Payroll tax supplement will apply to a care recipient in respect of a payment period if:
(a) the care recipient is receiving residential care (including residential care received as respite care) from a residential care service operated by an approved provider described in subsection (3); and
(b) for a care recipient receiving residential care other than as respite care, the care recipient’s classification is not:
(i) for a care recipient with an RCS classification — classification level 8; or
(ii) for a care recipient with an ACFI classification — the lowest applicable classification level.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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