Residential Care Subsidy Amendment Principles 2011 (No. 2) (Cth)

Case

Residential Care Subsidy Amendment Principles 2011 (No. 2)1

Aged Care Act 1997

I, MARK BUTLER, Minister for Mental Health and Ageing, make these Principles under subsection 96‑1(1) of the Aged Care Act 1997.

Dated           17th June                           2011

MARK BUTLER

Minister for Mental Health and Ageing

  1. Name of Principles

These Principles are the Residential Care Subsidy Amendment Principles 2011 (No. 2).

  1. Commencement

These Principles commence on the day after they are registered on the Federal Register of Legislative Instruments.

  1. Amendment of Residential Care Subsidy Principles 1997

Schedule 1 amends the Residential Care Subsidy Principles 1997.

Schedule 1        Amendments

(section 3)

[1]           Section 21.4

substitute

21.4        Purpose of Part (Act, s 43‑6)

(1)   In the circumstances mentioned in subsection 43‑6 (3) of the Act only a proportion of the amounts equal to the capital payments made for a residential care service are to be deducted under an agreement entered into under section 43‑6 of the Act.

(2)   This Part specifies the way in which the proportion is to be worked out.

(3)   This Part also specifies kinds of payment that are capital payments.

  1. After section 21.5

insert

21.5A            Meaning of capital payment       

For the purposes of section 43-6 of the Act, each of the following kinds of payment is a capital payment:

(a) financial assistance by way of a grant under Part II, or Division 3 of Part III, of the Aged or Disabled Persons Care Act 1954;

(b)        a grant of a Commonwealth benefit under Part VAB or VAC of    the National Health Act 1953;

(c)        a grant under the Aged or Disabled Persons Hostels Act 1972;

(d)       a grant approved on or after 1 July 1989 under the program    known as the Residential Aged Care Upgrading Program;

(e)        capital funding approved on or after 1 July 1989 under the    program known as the Small Homes Capital Funding Initiative.

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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