Residential Care Subsidy Amendment Principles 2012 (No. 3) (Cth)
Residential Care Subsidy Amendment Principles 2012 (No. 3)1
Aged Care Act 1997
I, MARK BUTLER, Minister for Mental Health and Ageing, make these Principles under section 96-1 of the Aged Care Act 1997.
Dated: 12 Oct 2012
_______________________
MARK BUTLER
Minister for Mental Health and Ageing
1 Name of Principles
These Principles are the Residential Care Subsidy Amendment Principles 2012 (No. 3).
2 Commencement
These Principles commence the day after they are registered.
3 Amendment of Residential Care Subsidy Principles 1997
Schedule 1 amends the Residential Care Subsidy Principles 1997.
Schedule 1 Amendment
(section 3)
[1] Section 21.29
Substitute
21.29 Purpose of Part (Act, s 44‑22)
This Part specifies the matters to which the Secretary must have regard in deciding whether to make a determination that the daily income tested reduction in respect of a care recipient is taken to be zero and sets out classes of people whose daily income tested reduction is taken to be zero.
[2] After section 21.29
insert
21.29A The matters
(1) The Secretary must have regard to the following matters:
(a) the care recipient’s income;
(b) the care recipient’s financial arrangements;
(c) the care recipient’s entitlement to income support under the Social Security Act 1991, the Veterans’ Entitlements Act 1986, or any other source;
(d) whether the care recipient has taken steps to obtain information about his or her entitlement to pension, benefit or other income support payments;
(e) whether the care recipient has access to financial assistance under section 1129 of the Social Security Act 1991 (relating to access to financial hardship rules for pensions), the Pensioner Loans Scheme under Division 4 of Part 3.12 of the Social Security Act 1991, or any other source;
(f) whether any income of the care recipient is income that he or she does not reasonably have access to;
(g) whether there is a charge on the care recipient’s income over which the payment of resident fees cannot practically take precedence;
(h) whether the care recipient has significant assets;
(i) if the care recipient has significant assets — whether the assets are unrealisable assets within the meaning of unrealisable asset in subsections 11 (12) and (13) of the Social Security Act 1991;
(j) whether the care recipient is in Australia on a temporary basis.
(2) The Secretary may have regard to any other matters the Secretary considers relevant.
(3) To enable the Secretary to have regard to the matters mentioned in paragraph (1) (c) or (d), the Secretary may:
(a) require the care recipient to seek information from a Department about his or her entitlement to a benefit, income support payment or other assistance, and give the Secretary copies of written replies from the Department; or
(b) advise the care recipient to seek advice about his or her financial arrangements with the Financial Information Service established by Centrelink.
[3] Paragraph 21.39 (1) (c)
substitute
(c) the care recipient’s entitlement to income support under the Social Security Act 1991, the Veterans’ Entitlements Act 1986, or any other source;
[4] Paragraph 21.39 (1) (i)
substitute
(i) if the care recipient has significant assets — whether the assets are unrealisable assets within the meaning of unrealisable asset in subsections 11 (12) and (13) of the Social Security Act 1991;
[5] Subsection 21.39 (3)
substitute
(3) To enable the Secretary to have regard to the matters mentioned in paragraph (1) (c) or (d), the Secretary may:
(a) require the care recipient to seek information from a Department about his or her entitlement to a benefit, income support payment or other assistance, and give the Secretary copies of written replies from the Department; or
(b) advise the care recipient to seek advice about his or her financial arrangements with the Financial Information Service established by Centrelink.
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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