Untitled document
Subsidy Principles 2014
made under section 96‑1 of the
Aged Care Act 1997
Compilation No. 6
Compilation date: 27 February 2017
Includes amendments up to: F2016L01985
Registered: 27 February 2017
This compilation includes commenced amendments made by F2016L01492.
About this compilation
This compilation
This is a compilation of the Subsidy Principles 2014 that shows the text of the law as amended and in force on 27 February 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1—Preliminary 1
1............ Name of principles........................................................................................................ 1
3............ Authority....................................................................................................................... 1
4............ Definitions..................................................................................................................... 1
5............ Meaning of low‑means care recipient........................................................................... 7
6............ Meaning of minimum monetary spend amount in relation to refurbished residential care service 7
7............ Meaning of refurbishment cost in relation to residential care service............................ 7
Chapter 2—Residential care subsidy 9
Part 1A—Meaning of residential care 9
7A......... Purpose of this Part....................................................................................................... 9
7B......... Care that is not residential care...................................................................................... 9
Part 1—Who is eligible for residential care subsidy? 10
Division 1—Purpose of this Part 10
8............ Purpose of this Part..................................................................................................... 10
Division 2—Leave from residential care services 11
9............ Care recipient provided with transition care................................................................. 11
Division 3—Exceptional circumstances determinations 12
10.......... Determination by Secretary......................................................................................... 12
11.......... Application for determination...................................................................................... 12
12.......... Matters the Secretary must take into account............................................................... 12
Part 2—How is residential care subsidy paid? 14
Division 1—Purpose of this Part 14
13.......... Purpose of this Part..................................................................................................... 14
Division 2—Capital repayment deductions 15
14.......... Kinds of payments that are capital payments............................................................... 15
15.......... Working out proportion of amounts to be deducted if distinct part of residential care service has extra service status.................................................................................................................................... 15
Division 3—Non‑compliance deductions 17
16.......... When non‑compliance deductions may apply—conditions that must be met............... 17
17.......... Circumstances in which non‑compliance deductions do not apply.............................. 17
18.......... Working out amounts of non‑compliance deductions.................................................. 18
19.......... Working out the care day deficit.................................................................................. 18
Part 3—What is the amount of residential care subsidy? 20
Division 1—Purpose of this Part 20
20.......... Purpose of this Part..................................................................................................... 20
Division 2—Basic subsidy amount 21
21.......... Determination by Minister of basic subsidy amount for care recipient—other matters 21
Division 3—Primary supplements 22
Subdivision A—Respite supplement 22
22.......... Respite supplement...................................................................................................... 22
23.......... Eligibility for respite supplement................................................................................. 22
Subdivision B—Oxygen supplement 22
24.......... Oxygen supplement..................................................................................................... 22
25.......... Eligibility for oxygen supplement—determination by Secretary.................................. 23
26.......... Circumstances relating to provision of oxygen............................................................ 23
27.......... Reviewable decision.................................................................................................... 24
Subdivision C—Enteral feeding supplement 24
28.......... Enteral feeding supplement.......................................................................................... 24
29.......... Eligibility for enteral feeding supplement—determination by Secretary...................... 24
30.......... Circumstances relating to provision of enteral feeding................................................ 24
31.......... Reviewable decision.................................................................................................... 25
Division 4—Reductions in subsidy 26
Subdivision A—Compensation payment reduction 26
37.......... Determination by Secretary if judgment or settlement does not, or does not adequately, take into account future costs of residential care............................................................................................................. 26
38.......... Determination by Secretary if compensation information not given on request........... 26
Subdivision B—Care subsidy reduction—general 27
39.......... Classes of people for whom care subsidy reduction is taken to be zero...................... 27
40.......... Matters to which Secretary must have regard in deciding whether to determine if care subsidy reduction is to be taken to be zero......................................................................................................................... 27
Subdivision C—Care subsidy reduction—amounts excluded from total assessable income 28
41.......... Working out care recipient’s means tested amount—amounts excluded from care recipient’s total assessable income.................................................................................................................................... 28
42.......... Excluded amounts—disability pensions and permanent impairment compensation payments 29
43.......... Excluded amounts—gifts............................................................................................ 29
44.......... Excluded amounts—rent receipts................................................................................ 30
45.......... Excluded amounts—GST compensation..................................................................... 30
46.......... Excluded amounts—clean energy payments................................................................ 31
Subdivision CA—Care subsidy reduction—amounts included in total assessable income 31
46A....... Included amounts—rent receipts and the Social Security Act 1991.............................. 31
46B....... Included amounts—rent receipts and the Veterans Entitlements Act 1986................... 31
Subdivision D—Care subsidy reduction—value of assets 32
47.......... Working out care recipient’s means tested amount—value of assets........................... 32
48.......... Meaning of homeowner.............................................................................................. 32
Division 5—Other supplements 34
Subdivision A—Accommodation supplement 34
49.......... Purpose of this Subdivision........................................................................................ 34
50.......... Matters on which determination of accommodation supplement amount may be based 34
51.......... Application for determination...................................................................................... 34
52.......... Determination in relation to residential care service that has been significantly refurbished 35
53.......... Determination in relation to residential care service that is proposed to be significantly refurbished 36
54.......... Circumstances in which Secretary must not make determination................................. 39
55.......... Requests for further information etc............................................................................ 39
56.......... Notification of Secretary’s decision............................................................................. 39
57.......... Day of effect of determination..................................................................................... 40
58.......... Determinations are not legislative instruments............................................................. 40
59.......... Reviewable decisions.................................................................................................. 40
Subdivision B—Hardship supplement 41
60.......... Eligibility for hardship supplement—determination by Secretary................................ 41
61.......... Meaning of essential expenses for a recipient of residential care................................. 42
62.......... Circumstances in which Secretary may revoke financial hardship determination........ 42
Subdivision C—Viability supplement 43
63.......... Viability supplement.................................................................................................... 43
64.......... Meaning of 1997 scheme service................................................................................ 43
65.......... Meaning of 2001 scheme service................................................................................ 45
66.......... Meaning of 2005 scheme service................................................................................ 46
66A....... Meaning of 2017 scheme service................................................................................ 49
Subdivision D—Veterans’ supplement 52
67.......... Veterans’ supplement.................................................................................................. 52
68.......... Eligibility for veterans’ supplement............................................................................. 52
Subdivision E—Homeless supplement 52
69.......... Homeless supplement.................................................................................................. 52
70.......... Eligibility for homeless supplement............................................................................. 52
Chapter 3—Home care subsidy 54
Part 1A—Meaning of home care 54
70A....... Purpose of this Part..................................................................................................... 54
70B....... Care that does not constitute home care....................................................................... 54
Part 1—Who is eligible for home care subsidy? 55
Division 1—Purpose of this Part 55
71.......... Purpose of this Part..................................................................................................... 55
Division 2—Suspension of home care 56
72.......... Suspension of home care............................................................................................. 56
Part 2—What is the amount of home care subsidy? 57
Division 1—Purpose of this Part 57
73.......... Purpose of this Part..................................................................................................... 57
Division 2—Primary supplements 58
Subdivision A—Oxygen supplement 58
74.......... Oxygen supplement..................................................................................................... 58
75.......... Eligibility for oxygen supplement—determination by Secretary.................................. 58
76.......... Circumstances relating to provision of oxygen............................................................ 59
77.......... Reviewable decision.................................................................................................... 59
Subdivision B—Enteral feeding supplement 59
78.......... Enteral feeding supplement.......................................................................................... 59
79.......... Eligibility for enteral feeding supplement—determination by Secretary...................... 60
80.......... Circumstances relating to provision of enteral feeding................................................ 60
81.......... Reviewable decision.................................................................................................... 60
Subdivision C—Dementia and cognition supplement 61
82.......... Dementia and cognition supplement............................................................................ 61
83.......... Eligibility for dementia and cognition supplement....................................................... 61
Subdivision D—Veterans’ supplement 62
84.......... Veterans’ supplement.................................................................................................. 62
85.......... Eligibility for veterans’ supplement............................................................................. 62
Division 3—Reductions in subsidy 64
Subdivision A—Compensation payment reduction 64
86.......... Determination by Secretary if judgment or settlement does not, or does not adequately, take into account future costs of home care.................................................................................................................... 64
87.......... Determination by Secretary if compensation information not given on request........... 64
Subdivision B—Care subsidy reduction—general 65
88.......... Classes of people for whom care subsidy reduction is taken to be zero...................... 65
89.......... Matters to which Secretary must have regard in deciding whether to determine if care subsidy reduction is to be taken to be zero......................................................................................................................... 65
Subdivision C—Care subsidy reduction—amounts excluded from total assessable income 66
90.......... Working out care recipient’s care subsidy reduction—amounts excluded from care recipient’s total assessable income.................................................................................................................................... 66
91.......... Excluded amounts—disability pensions and permanent impairment compensation payments 67
92.......... Excluded amounts—gifts............................................................................................ 67
93.......... Excluded amounts—GST compensation..................................................................... 67
94.......... Excluded amounts—clean energy payments................................................................ 68
Division 4—Other supplements 70
Subdivision A—Hardship supplement 70
95.......... Eligibility for hardship supplement—determination by Secretary................................ 70
96.......... Meaning of essential expenses for a recipient of home care........................................ 71
97.......... Circumstances in which Secretary may revoke financial hardship determination........ 72
Subdivision B—Viability supplement 72
98.......... Viability supplement.................................................................................................... 72
99.......... Eligibility for viability supplement............................................................................... 72
Chapter 4—Flexible care subsidy 74
Part 1—Who is eligible for flexible care subsidy? 74
Division 1—Purpose of this Part 74
100........ Purpose of this Part..................................................................................................... 74
Division 2—Eligibility for flexible care subsidy 75
101........ Classes of people who do not need approval in respect of flexible care...................... 75
102........ Circumstances in which flexible care is taken to be provided—places held for provision of care through multi‑purpose service......................................................................................................................... 75
102A..... Circumstances in which flexible care is taken to be provided to certain care recipients with disabilities 75
Division 3—Kinds of care for which flexible care subsidy may be payable 77
103........ Kinds of care............................................................................................................... 77
104........ Multi‑purpose services................................................................................................ 77
105........ Innovative care services............................................................................................... 77
106........ Transition care............................................................................................................. 78
106A..... Short‑term restorative care........................................................................................... 79
Part 2—Basis on which flexible care subsidy is paid 80
Division 1—Purpose of this Part 80
107........ Purpose of this Part..................................................................................................... 80
Division 2—Flexible care provided through a multi‑purpose service 81
108........ Flexible care provided through multi‑purpose service................................................. 81
109........ Decision by Secretary to enter multi‑purpose service agreement................................. 81
Division 3—Flexible care provided through an innovative care service 83
110........ Flexible care provided through innovative care service—general................................ 83
110A..... Flexible care provided through innovative care service to certain care recipients with disabilities 83
Division 4—Flexible care provided as transition care 84
111........ Flexible care provided as transition care...................................................................... 84
Division 5—Flexible care provided as short‑term restorative care 86
111A..... Periods in respect of which flexible care subsidy is payable....................................... 86
111B..... Meaning of payment period........................................................................................ 86
111C..... Meaning of episode of short‑term restorative care..................................................... 86
111D..... Payments of flexible care subsidy in advance.............................................................. 87
111E...... Claims for flexible care subsidy.................................................................................. 87
111F...... Variations of claims for flexible care subsidy.............................................................. 87
Chapter 5—Miscellaneous 89
112........ Expiry of certain provisions........................................................................................ 89
Schedule 1—ACAP codes 90
1............ ACAP codes............................................................................................................... 90
Schedule 2—Appraisal procedures for targeting care for homeless people or people from Aboriginal and Torres Strait Islander communities 92
1............ Appraisal procedures................................................................................................... 92
2............ Appraisal tool A—homelessness—additional special needs....................................... 93
3............ Appraisal tool B—Aboriginal and Torres Strait Islanders—additional special needs.. 95
Endnote 1—About the endnotes 97
Endnote 2—Abbreviation key 98
Endnote 3—Legislation history 99
Endnote 4—Amendment history 100
Chapter 1—Preliminary
1 Name of principles
These principles are the Subsidy Principles 2014.
3 Authority
These principles are made under section 96‑1 of the Aged Care Act 1997.
4 Definitions
In these principles:
1997 scheme service: see section 64.
2001 scheme service: see section 65.
2005 scheme service: see section 66.
2017 scheme service: see section 66A.
ACAP code, in relation to a health condition specified in the table in Schedule 1, means the Aged Care Assessment Program code specified in the table for that health condition.
accepted mental health condition means a mental health condition for which:
(a) the Repatriation Commission has accepted liability to pay a pension under the Veterans’ Entitlements Act; or
(b) the Military Rehabilitation and Compensation Commission has accepted liability to pay compensation under the Military Rehabilitation and Compensation Act 2004 or the Safety, Rehabilitation and Compensation Act 1988.
accessible location means a location that has an ARIA value of more than 1.84 but no more than 3.51.
accommodation wing, of a residential care service, includes any of the following:
(a) a building;
(b) a floor or level of a building;
(c) an annex to a building;
that is used to provide accommodation for a care recipient being provided with residential care through the service.
accreditation application means an application to the CEO of the Quality Agency, under subsection 2.2(2) of the Quality Agency Principles, by the approved provider of a residential care service for accreditation or re‑accreditation of the service.
Act means the Aged Care Act 1997.
ARIA value, in relation to a location, means the value given to that location in accordance with the methodology set out in the document titled Measuring Remoteness: Accessibility/Remoteness Index of Australia (ARIA), Revised Edition, Occasional Papers: New Series Number 14, published by the Health Department in October 2001, as the document existed on 1 August 2013.
Note: In 2014, the Measuring Remoteness: Accessibility/Remoteness Index of Australia (ARIA) was accessible at resident has the meaning given by clause 1 of Schedule 1 to the Aged Care (Transitional Provisions) Act 1997.
Australian accounting standards means the accounting standards in force under section 334 of the Corporations Act 2001.
Note: In 2014, the Australian accounting standards were accessible at day deficit, for a residential care service for a quarter, means the number of days worked out for the service for the quarter under section 19.
care recipient’s room, in a residential care service:
(a) means a room, or a part of a room, in the service that:
(i) is intended to be occupied as personal space by an individual care recipient; and
(ii) contains a bed to be used by the care recipient; and
(b) includes:
(i) the areas that are in the immediate vicinity of the bed in the room or the part of the room; and
(ii) the contents of the room or the part of the room; and
(iii) an ensuite, or a shared bathroom and toilet, that is for the use of a care recipient being provided with accommodation in the room or the part of the room.
Classification Principles means the Classification Principles in force under section 96‑1 of the Act.
concessional resident has the meaning given by clause 1 of Schedule 1 to the Aged Care (Transitional Provisions) Act 1997.
domain has the same meaning as in the Classification Principles 2014.
domain category has the same meaning as in the Classification Principles 2014.
episode of short‑term restorative care: see section 111C.
episode of transition care, in relation to a care recipient and an approved provider, means a continuous period during which the care recipient is provided with flexible care in the form of transition care by the approved provider.
essential expenses:
(a) for a recipient of residential care: see section 61; and
(b) for a recipient of home care: see section 96.
exceptional circumstances determination application means an application to the Secretary by an approved provider of a residential care service for a determination under subsection 42‑5(1) of the Act that the service is taken, for the purposes of Division 42 of the Act, to meet its accreditation requirement.
further transition care needs, in relation to a care recipient, means the care needs of the care recipient, as assessed during an episode of transition care by an Aged Care Assessment Team or a member of such a team.
Health Department means the Department responsible for the administration of the National Health Act 1953.
highly accessible location means a location that has an ARIA value of no more than 1.84.
home care setting: short‑term restorative care is provided in a home care setting if it is provided other than in a facility where residential care is provided through a residential care service.
homeowner: see section 48.
innovative care service: see section 105.
in‑patient hospital episode, in relation to a care recipient, means a continuous period during which the care recipient:
(a) is an in‑patient of a hospital; and
(b) is provided with acute care or subacute care, or both.
KICA‑Cog means the assessment tool called the Kimberley Indigenous Cognitive Assessment, as that tool exists on 1 August 2013.
low intensity therapy, in relation to a care recipient, means therapy that:
(a) maintains the care recipient’s physical and cognitive functioning; and
(b) facilitates an improvement in the care recipient’s capacity in relation to activities of daily living.
Note: Examples of low intensity therapy include the following:
(a) occupational therapy;
(b) physiotherapy;
(c) social work.
low‑means care recipient: see section 5.
major city means one of the major cities of Australia within the meaning of the Australian Statistical Geography Standard (ASGS): Volume 5—Remoteness Structure, July 2011, produced by the Australian Bureau of Statistics.
minimum monetary spend amount, in relation to a refurbished residential care service: see section 6.
moderately accessible location means a location that has an ARIA value of more than 3.51 but no more than 5.8.
Modified Monash Model classification:
(a) for a street address—means the classification given to that street address in accordance with the Modified Monash Model classification system; and
(b) for a suburb or locality—means the classification for that suburb or locality set out in, or worked out in accordance with the method set out in, the document published by the Health Department titled Modified Monash Model Suburb and Locality Classification—Home Care Subsidy, as that document exists on 1 January 2017.
Note 1: In 2017, the Modified Monash Model classification for a street address was available at This is relevant for residential care subsidy and flexible care subsidy.
Note 2: In 2017, the document referred to in paragraph (b) was available at This is relevant for home care subsidy.
Modified Monash Model classification system means the Modified Monash Model geographical classification system developed by the Health Department for categorising metropolitan, regional, rural and remote locations according to both geographical remoteness and population size, based on population data published by the Australian Bureau of Statistics, as that system exists on 1 January 2017.
multi‑purpose service: see section 104.
newly built residential care service has the meaning given by section 50 of the Aged Care (Subsidy, Fees and Payments) Determination 2014.
non‑registered entity means an entity that:
(a) is not a registered entity; and
(b) has incurred a liability to pay payroll tax to a registered entity in relation to residential care provided to care recipients through a residential care service.
Example: An approved provider will be more likely to be a non‑registered entity if it is operated by a charitable, religious or government provider.
NPI‑NH test means the test called the Neuropsychiatric Inventory—Nursing Home Version, as the test exists on 1 August 2013.
payment period, in relation to flexible care provided as short‑term restorative care, means a period under section 111B in respect of which flexible care subsidy is payable in respect of flexible care provided as short‑term restorative care.
post‑2008 reform resident has the meaning given by section 44‑5C of the Aged Care (Transitional Provisions) Act 1997.
principal home has the meaning given by section 11A of the Social Security Act other than subsections 11A(8) and (9) (which deal with the effect of absences from the principal home).
Psychogeriatric Assessment Scales means the assessment tool of that name, as that tool exists on 1 August 2013.
Quality Agency means the Australian Aged Care Quality Agency established by the Australian Aged Care Quality Agency Act 2013.
Quality Agency Principles means the Quality Agency Principles in force under section 53 of the Australian Aged Care Quality Agency Act 2013.
quarter means a period of 3 months.
refurbishment cost, in relation to a residential care service, has the meaning given by section 7.
registered entity means an entity that is registered with a revenue office (however described) of a State or Territory for the purposes of paying payroll tax in accordance with the laws of that State or Territory.
Example: An approved provider will be more likely to be a registered entity if it is operated on a for profit basis.
relevant resident means a care recipient to whom residential care (other than respite care) is being provided through a residential care service and who:
(a) is not being provided with care on an extra service basis; and
(b) enters the service:
(i) if the service was certified on 1 October 1997—after 30 September 1997; or
(ii) if the service was certified after 1 October 1997—after the date the service is certified; or
(iii) on or after 17 October 2014.
remote location means a location that has an ARIA value of more than 5.8 but no more than 9.08.
residential care setting: short‑term restorative care is provided in a residential care setting if it is provided in a facility where residential care is provided through a residential care service.
Rowland Universal Dementia Assessment Scale means the assessment tool of that name, as that tool exists on 1 August 2013.
short‑term restorative care: see section 106A.
significantly refurbished residential care service means a residential care service in relation to which a determination under subsection 52(1) or 53(1) is in effect.
Social Security Act means the Social Security Act 1991.
STRC Programme means the program administered by the Commonwealth and known as the Short‑term Restorative Care Programme.
subacute care means medical or related care or services provided to a care recipient who is not in the acute phase of an illness.
Note: Examples of subacute care include the following:
(a) geriatric evaluation and management;
(b) palliative care;
(c) psychogeriatric care;
(d) rehabilitation.
supported resident has the meaning given by clause 1 of Schedule 1 to the Aged Care (Transitional Provisions) Act 1997.
transition care: see section 106.
unrealisable asset, of a care recipient, has the meaning given by subsections 11(12) and (13) of the Social Security Act.
very remote location means a location that has an ARIA value of more than 9.08 but no more than 12.
veteran means a person:
(a) who is taken to have rendered eligible war service under section 7 of the Veterans’ Entitlements Act; or
(b) in respect of whom a pension is payable under subsection 13(6) of that Act; or
(c) who is:
(i) a member of the Forces within the meaning of subsection 68(1) of that Act; or
(ii) a member of a Peacekeeping Force within the meaning of that subsection; or
(d) who is:
(i) a member within the meaning of the Military Rehabilitation and Compensation Act 2004; or
(ii) a former member within the meaning of that Act; or
(e) who is an employee within the meaning of the Safety, Rehabilitation and Compensation Act 1988.
Note: The Acts mentioned in paragraphs (d) and (e) provide that, in some cases:
(a) a member of the Forces, or a member of a Peacekeeping Force, includes a person who is no longer serving; and
(b) an employee includes a person who has ceased to be an employee.
Veterans’ Entitlements Act means the Veterans’ Entitlements Act 1986.
Note: A number of expressions used in these principles are defined in the Act, including the following:
(a) payment period;
(b) respite care.
5 Meaning of low‑means care recipient
A care recipient is a low‑means care recipient on a day if:
(a) the care recipient is being provided with residential care through a residential care service on that day; and
(b) either:
(i) the care recipient is eligible for accommodation supplement under section 44‑28 of the Act for that day; or
(ii) on the day (the entry day) on which the care recipient entered the residential care service, the care recipient’s means tested amount was less than the maximum accommodation supplement amount for the entry day.
Note: Maximum accommodation supplement amount has the meaning given by subsection 44‑21(6) of the Act.
6 Meaning of minimum monetary spend amount in relation to refurbished residential care service
The minimum monetary spend amount in relation to a refurbished residential care service is the amount worked out by multiplying $25 000 by 40% of the lower of:
(a) the total number of care recipient’s rooms in the service before the commencement of the refurbishment; and
(b) the total number of care recipient’s rooms in the service after the completion of the refurbishment.
7 Meaning of refurbishment cost in relation to residential care service
(1) The refurbishment cost in relation to a residential care service is the total cost of the refurbishment, or the proposed refurbishment, of the service unless subsection (2) applies in relation to the refurbishment.
(2) If:
(a) the refurbishment, or the proposed refurbishment, includes fire safety improvements; and
(b) the cost of those improvements is more than 25% of the minimum monetary spend amount in relation to the service;
then the refurbishment cost in relation to the service is the amount worked out using the following formula:
where:
A is the total cost of the refurbishment.
B is the cost of the fire safety improvements.
C is the amount that is 25% of the minimum monetary spend amount in relation to the service.
Chapter 2—Residential care subsidy
Part 1A—Meaning of residential care
7A Purpose of this Part
For paragraph 41‑3(2)(d) of the Act, this Part specifies care that is not residential care.
7B Care that is not residential care
For paragraph 41‑3(2)(d) of the Act, flexible care in the form of short‑term restorative care is not residential care.
Part 1—Who is eligible for residential care subsidy?
Division 1—Purpose of this Part
8 Purpose of this Part
For Division 42 of the Act, this Part specifies matters in relation to whether an approved provider of a residential care service is eligible for residential care subsidy for providing residential care to care recipients, including the following:
(a) the requirements for when a care recipient is on leave from a residential care service (Division 2);
(b) provisions relating to the making of a determination by the Secretary that a residential care service is taken to meet its accreditation requirement (Division 3).
Division 2—Leave from residential care services
9 Care recipient provided with transition care
(1) For paragraph 42‑2(3A)(b) of the Act, this section specifies requirements that must be met for a care recipient (in respect of whom flexible leave subsidy is payable for a day) to be on leave under section 42‑2 of the Act from a residential care service on that day.
Note: A care recipient can be taken to be provided with residential care while he or she is on leave from that care (see section 42‑2 of the Act).
(2) The kind of care provided to the care recipient, for which the flexible care subsidy is payable, must be transition care.
Note: Transition care is defined in section 106.
Division 3—Exceptional circumstances determinations
10 Determination by Secretary
For subsection 42‑5(1) of the Act, the Secretary may determine that a residential care service is taken, for the purposes of Division 42 of the Act, to meet its accreditation requirement, in accordance with this section, if:
(a) the Secretary receives an exceptional circumstances determination application from the approved provider of the service; and
(b) the Secretary is satisfied of the matters under section 12.
Note 1: An approved provider is not eligible for residential care subsidy in respect of a day if the residential care service through which residential care is provided does not meet its accreditation requirement (see sections 42‑1 and 42‑4 of the Act).
Note 2: Exceptional circumstances determination application is defined in section 4.
11 Application for determination
(1) The Secretary may give a written request to the CEO of the Quality Agency for the following information about a residential care service:
(a) whether an accreditation application by the approved provider of the service has been received by the Quality Agency;
(b) if so, information about the status of the accreditation application.
Note: Accreditation application is defined in section 4.
(2) If the response states that the approved provider has made an accreditation application in relation to the residential care service, and that a decision has been made not to accredit the service, or that no decision has been made on the application:
(a) the accreditation application is taken to include an exceptional circumstances determination application in relation to the service; and
(b) the date on which the response was received by the Secretary is taken to be the date on which the exceptional circumstances determination application was received by the Secretary.
(3) Subsection (2) applies whether or not the accreditation application complies with subsection 2.3(1) of the Quality Agency Principles.
(4) Nothing in this section prevents an approved provider of a residential care service from making an exceptional circumstances determination application to the Secretary in relation to the service.
12 Matters the Secretary must take into account
(1) In deciding whether to make a determination that a residential care service is taken to meet its accreditation requirement, the Secretary must take into account the following matters:
(a) the reasons for the residential care service not meeting the standards required for accreditation;
(b) the action that the approved provider must take for the residential care service to meet those standards;
(c) the impact of the residential care service not meeting those standards on the residential care, accommodation and other services provided to care recipients through the service.
Note: Before making a determination, the Secretary must first be satisfied that exceptional circumstances apply to the service (see subsection 42‑5(1) of the Act).
(2) The Secretary may also take into account any other relevant matter.
Part 2—How is residential care subsidy paid?
Division 1—Purpose of this Part
13 Purpose of this Part
For Division 43 of the Act, this Part specifies matters in relation to the payment of residential care subsidy by the Commonwealth to an approved provider for providing residential care to care recipients, including the following:
(a) the kinds of payments made in respect of the service that are capital payments and working out the proportion of the amounts equal to the capital payments that are to be deducted (Division 2);
(b) the conditions that must be met for non‑compliance deductions to not apply in respect of the residential care service and the circumstances in which a non‑compliance deduction will not apply even if a condition has not been met (Division 3).
Division 2—Capital repayment deductions
14 Kinds of payments that are capital payments
For paragraph (b) of the definition of capital payment in subsection 43‑6(5) 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, as in force before it was repealed;
(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, as in force before it was repealed;
(d) a grant approved on or after 1 July 1989 under the Commonwealth program known as the Residential Aged Care Upgrading Program;
(e) capital funding approved on or after 1 July 1989 under the Commonwealth program known as the Small Homes Capital Funding Initiative.
Note: A residential care grant is also a capital payment (see paragraph (a) of the definition of capital payment in subsection 43‑6(5) of the Act).
15 Working out proportion of amounts to be deducted if distinct part of residential care service has extra service status
(1) For subsection 43‑6(3) of the Act, this section sets out how the proportion of the amounts equal to the capital payments made in respect of a residential care service (for which extra service status is granted only in respect of a distinct part of the service) is to be worked out.
(2) The proportion is:
where:
AP (short for allocated places) is the number of places allocated by the Secretary to the approved provider under Part 2.2 of the Act, in respect of residential care subsidy, that are included in the residential care service.
ESP (short for extra service places) is the number of places included in the distinct part of the residential care service, for which extra service status is granted, that are extra service places.
P (short for proportion) is:
(a) for each capital payment for which the first capital repayment deduction is to be made within 5 years after approval of the capital payment—100%; or
(b) for each capital payment for which the first capital repayment deduction is to be made more than 5 years after approval of the capital payment—100% reduced by 10% for each complete year over 5 years.
(3) For subsection (2):
(a) a place can only be counted as an extra service place or an allocated place if the allocation of the place has taken effect under section 15‑1 of the Act; and
(b) a period of at least 6 months and less than 1 year is to be counted as a complete year.
Note: The allocation of a place that is a provisional allocation cannot be counted (see section 15‑1 of the Act).
Division 3—Non‑compliance deductions
16 When non‑compliance deductions may apply—conditions that must be met
For subsection 43‑8(1) of the Act, conditions (to which the allocation of places included in a residential care service are subject under section 14‑5 or 14‑6 of the Act) relating to the proportion of care to be provided to the following:
(a) assisted residents;
(b) concessional residents;
(c) low‑means care recipients;
(d) recipients of respite care;
(e) supported residents;
are specified as conditions in respect of which non‑compliance deductions apply if the conditions have not been met.
Note: Assisted resident, concessional resident, low‑means care recipient and supported resident are defined in section 4. Respite care is defined in the Dictionary to the Act.
17 Circumstances in which non‑compliance deductions do not apply
(1) For subsection 43‑8(2) of the Act, this section specifies the circumstances in which non‑compliance deductions do not apply in respect of a residential care service even if a condition specified in section 16 has not been met.
(2) Non‑compliance deductions do not apply in respect of the residential care service for a quarter if:
(a) fewer than 6 care recipients being provided with residential care through the service in the quarter entered the service after 30 September 1997; or
(b) for a service that has extra service status—fewer than 6 care recipients being provided with residential care through the service in the quarter (each receiving care on a permanent basis and not occupying extra service places) entered the service after 30 September 1997; or
(c) the care day deficit for the service for the quarter is less than 92.
Note: The care day deficit is worked out under section 19.
(3) If:
(a) one or more allocated places (the additional places) are transferred to the residential care service (the receiving service) from another residential care service (the other service); and
(b) some or all of the additional places are occupied by care recipients from the other service; and
(c) the receiving service was not subject to a non‑compliance deduction for the quarter before the transfer of the allocated places;
then non‑compliance deductions do not apply in respect of the receiving service for the number of quarters that is the lesser of:
(d) 4; and
(e) the number of additional places divided by 3 (rounded up to the nearest whole number).
(4) Non‑compliance deductions do not apply in respect of the residential care service for a quarter if:
(a) one or more allocated places are not occupied for the quarter; and
(b) the care day deficit for the service would have been less than 92 if the allocated place or places had been occupied by:
(i) an assisted resident; or
(ii) a concessional resident; or
(iii) a low‑means care recipient; or
(iv) a supported resident.
18 Working out amounts of non‑compliance deductions
(1)For subsection 43‑8(4) of the Act, this section sets out how to work out the amount of a non‑compliance deduction in respect of a residential care service for a quarter.
(2) The non‑compliance deduction, for a residential care service for a quarter, is:
where:
A is the care day deficit for the residential care service for the quarter.
B is the total of the basic subsidy amounts, worked out under Subdivision 44‑B of the Act and Subdivision 44‑B of the Aged Care (Transitional Provisions) Act 1997, for each day of residential care provided through the residential care service in the quarter for each care recipient.
C is the total of the reductions, worked out in accordance with sections 44‑21 to 44‑23 of the Act and by applying the income test under Subdivision 44‑E of the Aged Care (Transitional Provisions) Act 1997, for each day of residential care provided through the residential care service in the quarter for each care recipient.
D is the total of the number of days of residential care provided through the residential care service in the quarter for each care recipient.
(3) However, if C is greater than B, the non‑compliance deduction is zero.
19 Working out the care day deficit
The care day deficit for a residential care service for a quarter is worked out as follows:
Care day deficit calculator
Step 1. Count the number of care recipients being provided with residential care through the residential care service who:
(a) entered the service after 30 September 1997; and
(b) during the quarter, are receiving care on a permanent basis and are not occupying a place that is an extra service place.
Step 2. Multiply the number of care recipients counted under step 1 by the number of days in the quarter.
Step 3. Count the number of care recipients mentioned in step 1 who are:
(a) assisted residents; and
(b) concessional residents; and
(c) low‑means care recipients; and
(d) supported residents.
Step 4. Multiply the number of care recipients counted under step 3 by the number of days in the quarter.
Step 5. Subtract the number worked out under step 4 from the number worked out under step 2.
The result is the care day deficit for the residential care service for the quarter.
Part 3—What is the amount of residential care subsidy?
Division 1—Purpose of this Part
20 Purpose of this Part
For Division 44 of the Act, this Part sets out matters in relation to the amount of residential care subsidy payable to an approved provider of a residential care service in respect of a care recipient who is being provided with residential care through the service, including the following:
(a) other matters on which the Minister may base a determination of different amounts (including nil amounts) of the basic subsidy amount for the care recipient (Division 2);
(b) the following primary supplements that may apply to the care recipient (Division 3):
(i) the respite supplement;
(ii) the oxygen supplement;
(iii) the enteral feeding supplement;
(c) matters relating to the following reductions in subsidy that may apply to the care recipient (Division 4):
(i) the compensation payment reduction;
(ii) the care subsidy reduction;
(d) other matters relating to the following other supplements that may apply to the care recipient (Division 5):
(i) the accommodation supplement;
(ii) the hardship supplement;
(e) the following other supplements that may apply to the care recipient (Division 5):
(i) the viability supplement;
(ii) the veterans’ supplement;
(iii) the homeless supplement.
Division 2—Basic subsidy amount
21 Determination by Minister of basic subsidy amount for care recipient—other matters
For paragraph 44‑3(3)(e) of the Act, other matters on which the Minister may base a determination of different amounts (including nil amounts) of the basic subsidy amount for a care recipient who is being provided with residential care through a residential care service are the following:
(a) whether the service provides a greater proportion of care to recipients of respite care than the proportion required to be provided by conditions (if any) imposed on the allocation of places to the approved provider of the service;
(b) 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 maximum number of days specified in paragraph 23(1)(c);
(c) if an appraisal of the care recipient’s care needs is received after the end of the period mentioned in paragraph 26‑1(a) or (b) of the Act (whichever is applicable)—the circumstances of the appraisal not being received within that period;
(d) if a reappraisal of the care recipient’s care needs is received after the end of the reappraisal period mentioned in section 27‑2 of the Act—the circumstances of the reappraisal not being received within that period.
Division 3—Primary supplements
Subdivision A—Respite supplement
22 Respite supplement
The respite supplement for a care recipient in respect of a payment period is the sum of all the respite supplements for the days during the period on which:
(a) the care recipient was provided with residential care through the residential care service in question; and
(b) the care recipient was eligible for a respite supplement.
23 Eligibility for respite supplement
(1) A care recipient is eligible for a respite supplement on a particular day if, on that day:
(a) the residential care provided through the residential care service was provided as respite care; and
(b) the care recipient’s approval under Part 2.3 of the Act as a care recipient was not limited so as to preclude the provision of respite care; and
(c) 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 occurred is less than:
(i) 63; or
(ii) if the Secretary has increased the number of days under subsection (2)—the number of days as so increased (or as most recently increased).
(2) The Secretary may increase the number of days on which a care recipient can be provided with residential care as respite care during a financial year by up to 21 if the Secretary considers that an increase in the number of days is necessary because of any of the following:
(a) carer stress;
(b) severity of the care recipient’s condition;
(c) absence of the care recipient’s carer;
(d) any other relevant matter.
(3) An increase under subsection (2) may be made more than once in a financial year.
Subdivision B—Oxygen supplement
24 Oxygen supplement
The oxygen supplement for a care recipient in respect of a payment period is the sum of all the oxygen supplements for the days during the period on which:
(a) the care recipient was provided with residential care through the residential care service in question; and
(b) a determination was in force under subsection 25(3) in relation to the care recipient; and
(c) the residential care provided through the residential care service included providing oxygen to the care recipient in circumstances specified in section 26.
25 Eligibility for oxygen supplement—determination by Secretary
(1) An approved provider that is providing, or is to provide, residential care to a care recipient may apply to the Secretary for a determination under subsection (3) that the care recipient is eligible for an oxygen supplement.
(2) The application must:
(a) be in a form approved by the Secretary; and
(b) include the information, and be accompanied by any documents, specified by the approved form.
(3) If the Secretary receives an application from an approved provider in respect of a care recipient under subsection (1), the Secretary may determine that the care recipient is eligible for an oxygen supplement.
Note: A decision to refuse to make a determination is a reviewable decision under section 27.
(4) A determination made under subsection (3) is not a legislative instrument.
(5) The Secretary must notify the applicant, in writing, of the Secretary’s decision on whether to make the determination. The notice must be given within 28 days after the Secretary receives the application.
26 Circumstances relating to provision of oxygen
For paragraph 24(c), the circumstances for the provision of oxygen are as follows:
(a) the materials and equipment used by the residential care service to provide the oxygen must be hired, temporarily obtained or owned by the residential care service;
(b) the oxygen must not be provided:
(i) because of a medical emergency; or
(ii) on a short‑term or episodic basis;
(c) a medical practitioner must have certified, in writing, that the care recipient has a continual need for the provision of oxygen;
(d) the oxygen must be provided in the most economical way available, taking into account the medical needs of the care recipient.
27 Reviewable decision
(1) A decision under subsection 25(3) to refuse to make a determination that a care recipient is eligible for an oxygen supplement is a reviewable decision under section 85‑1 of the Act.
(2) Part 6.1 of the Act applies to a reviewable decision mentioned in subsection (1) as if a reference in that Part to this Act included a reference to these principles.
Subdivision C—Enteral feeding supplement
28 Enteral feeding supplement
The enteral feeding supplement for a care recipient in respect of a payment period is the sum of all the enteral feeding supplements for the days during the period on which:
(a) the care recipient was provided with residential care through the residential care service in question; and
(b) a determination was in force under subsection 29(3) in relation to the care recipient; and
(c) the residential care provided through the residential care service included providing enteral feeding to the care recipient in circumstances specified in section 30.
29 Eligibility for enteral feeding supplement—determination by Secretary
(1) An approved provider that is providing, or is to provide, residential care to a care recipient may apply to the Secretary for a determination under subsection (3) that the care recipient is eligible for an enteral feeding supplement.
(2) The application must:
(a) be in a form approved by the Secretary; and
(b) include the information, and be accompanied by any documents, specified by the approved form.
(3) If the Secretary receives an application from an approved provider in respect of a care recipient under subsection (1), the Secretary may determine that the care recipient is eligible for an enteral feeding supplement.
Note: A decision to refuse to make a determination is a reviewable decision under section 31.
(4) A determination made under subsection (3) is not a legislative instrument.
(5) The Secretary must notify the applicant, in writing, of the Secretary’s decision on whether to make the determination. The notice must be given within 28 days after the Secretary receives the application.
30 Circumstances relating to provision of enteral feeding
For paragraph 28(c), the circumstances for the provision of enteral feeding are as follows:
(a) a medical practitioner must have certified, in writing, that the care recipient has a medical need for enteral feeding;
(b) the care recipient must have been given a liquid dietary formula (not including food supplements or any supplementary feeding connected with the administration of the dietary formula) administered by a nasogastric, gastrostomy or jejeunostomy feeding method;
(c) a medical practitioner or dietician must have certified, in writing, that the dietary formula is a nutritionally complete formula;
(d) the enteral feeding must not be intermittent or supplementary enteral feeding given in addition to oral feeding;
(e) the enteral feeding must be provided in the most economical way available, taking into account the medical needs of the care recipient.
31 Reviewable decision
(1) A decision under subsection 29(3) to refuse to make a determination that a care recipient is eligible for an enteral feeding supplement is a reviewable decision under section 85‑1 of the Act.
(2) Part 6.1 of the Act applies to a reviewable decision mentioned in subsection (1) as if a reference in that Part to this Act included a reference to these principles.
Division 4—Reductions in subsidy
Subdivision A—Compensation payment reduction
37 Determination by Secretary if judgment or settlement does not, or does not adequately, take into account future costs of residential care
(1) For subsections 44‑20(5) and (6) of the Act, in making a determination in respect of a judgment or settlement entitling a care recipient to compensation, the Secretary must take into account the following matters:
(a) the amount of the judgment or settlement;
(b) for a judgment—the components stated in the judgment and the amount stated for each component;
(c) the proportion of liability apportioned to the care recipient;
(d) the amounts spent on residential care at the time of the judgment or settlement.
Note: For paragraph (1)(b), examples of the components of a judgment include the following:
(a) loss of income;
(b) costs of future care.
(2) The Secretary may also take into account any other matters the Secretary considers relevant, including the following:
(a) the amounts that are likely to be paid to, or withheld by, other government agencies because of the judgment or settlement;
(b) the amounts spent on care (other than residential care) at the time of the judgment or settlement;
(c) the likely cost of residential care for the care recipient;
(d) other costs of care for which the care recipient is likely to be liable;
(e) the amount of the accommodation bond, accommodation payment or accommodation contribution paid or payable by the care recipient;
(f) other reasonable amounts (not related to care) that the care recipient:
(i) had spent at the time of the judgment or settlement; or
(ii) is likely to be liable for.
38 Determination by Secretary if compensation information not given on request
(1) For subsection 44‑20A(5) of the Act, in determining compensation payment reductions for a care recipient if information or a document requested about a judgment, settlement or reimbursement arrangement is not produced or given, the Secretary must take into account the amounts spent on residential care at the time of the judgment, settlement or reimbursement arrangement.
(2) The Secretary may also take into account any other matters the Secretary considers relevant, including the following:
(a) the amount of the judgment, settlement or reimbursement arrangement;
(b) for a judgment—the components stated in the judgment and the amount stated for each component;
(c) the proportion of liability apportioned to the care recipient;
(d) the amounts that are likely to be paid to or withheld by other government agencies because of the judgment, settlement or reimbursement arrangement;
(e) the amounts spent on care (other than residential care) at the time of the judgment, settlement or reimbursement arrangement;
(f) the likely cost of residential care for the care recipient;
(g) other costs of care for which the care recipient is likely to be liable;
(h) the amount of the accommodation bond, accommodation payment or accommodation contribution paid or payable by the care recipient;
(i) other amounts, not related to care, that the care recipient:
(i) had spent at the time of the judgment, settlement or reimbursement arrangement; or
(ii) is likely to be liable for.
Subdivision B—Care subsidy reduction—general
39 Classes of people for whom care subsidy reduction is taken to be zero
(1) For paragraph 44‑23(1)(c) of the Act, the classes of persons for whom a care subsidy reduction is taken to be zero are the following:
(a) care recipients who leave a residential care service (without entering another residential care service), or who die, before the approved provider of the service has been informed of the care recipient’s care subsidy reduction (if any);
(b) care recipients who are not, within 6 months of entry to the residential care service, informed of the care recipient’s care subsidy reduction (if any);
(c) care recipients who have one or more dependent children;
(d) care recipients who are described in paragraph 85(4)(b) of the Veterans’ Entitlements Act (which describes former prisoners of war);
(e) care recipients for whom the care subsidy reduction is worked out as less than $1.
(2) If a care recipient is included in the class of persons mentioned in paragraph (1)(b), the care recipient is included in that class from the day the care recipient enters the residential care service until the day the care recipient is informed of the care recipient’s care subsidy reduction.
40 Matters to which Secretary must have regard in deciding whether to determine if care subsidy reduction is to be taken to be zero
(1) For subsection 44‑23(4) of the Act, in deciding whether to determine that the care subsidy reduction in respect of a care recipient is to be taken to be zero, the Secretary must have regard to the following matters:
(a) the care recipient’s total assessable income (worked out in accordance with section 44‑24 of the Act and section 41 of these principles) and assets (worked out in accordance with section 44‑26A of the Act and section 47 of these principles);
(b) the care recipient’s financial arrangements;
(c) the care recipient’s entitlement to income support:
(i) under the Social Security Act; or
(ii) under the Veterans’ Entitlements Act; or
(iii) from 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:
(i) under section 1129 of the Social Security Act (relating to access to financial hardship rules for pensions); or
(ii) under the pension loans scheme under Division 4 of Part 3.12 of the Social Security Act; or
(iii) from any other source;
(f) whether any income of the care recipient is income that the care recipient 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 any assets of the care recipient are unrealisable assets;
(i) whether the care recipient is in Australia on a temporary basis.
Note: Unrealisable asset is defined in section 4.
(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 the relevant 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 from the Financial Information Service established by Centrelink.
Subdivision C—Care subsidy reduction—amounts excluded from total assessable income
41 Working out care recipient’s means tested amount—amounts excluded from care recipient’s total assessable income
For subsection 44‑24(5) of the Act, the amounts (in this Subdivision called excluded amounts) that are to be taken, in relation to the kinds of care recipients specified in sections 42 to 46, to be excluded from determinations by the Secretary under subsection 44‑24(1) or paragraph 44‑24(2)(b), (3)(b) or (4)(b) of the Act are the following:
(a) disability pensions and permanent impairment compensation payments mentioned in section 42;
(b) gifts mentioned in section 43;
(c) rent receipts mentioned in section 44;
(d) GST compensation mentioned in section 45;
(e) clean energy payments mentioned in section 46.
42 Excluded amounts—disability pensions and permanent impairment compensation payments
(1) For a person who has qualifying service under section 7A of the Veterans’ Entitlements Act, or the partner of such a person, the amount (if any) of disability pension (within the meaning of subsection 5Q(1) of the Veterans’ Entitlements Act) paid to the person that is exempt under section 5H of that Act is an excluded amount.
(2) For a person who is a member or former member (within the meaning of the Military Rehabilitation and Compensation Act 2004) or the partner of such a person, each of the following is an excluded amount:
(a) any amount of compensation for permanent impairment paid to the person under Part 2 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004;
(b) any amount of Special Rate Disability Pension paid to the person under Part 6 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004.
43 Excluded amounts—gifts
(1) For a person who, on or before 20 August 1996, disposed of ordinary income, the amount of ordinary income disposed of on or before 20 August 1996 that is included in the person’s ordinary income under:
(a) sections 1106, 1107, 1108 and 1109 of the Social Security Act; or
(b) sections 48, 48A, 48B and 48C of the Veterans’ Entitlements Act;
is an excluded amount.
Note: Sections 1106, 1107, 1108 and 1109 of the Social Security Act, and sections 48, 48A, 48B and 48C of the Veterans’ Entitlements Act, deal with disposal of ordinary income.
(2) For a person who, on or before 20 August 1996, disposed of assets, the amount of ordinary income the person is taken to receive because assets disposed of on or before 20 August 1996 are assessed as financial assets under:
(a) section 1076, 1077 or 1078 of the Social Security Act; or
(b) sections 46D and 46E of the Veterans’ Entitlements Act;
is an excluded amount.
Note: Section 1076, 1077 or 1078 of the Social Security Act, and sections 46D and 46E of the Veterans’ Entitlements Act, deal with deemed income from financial assets.
44 Excluded amounts—rent receipts
(1) For a care recipient for whom a daily accommodation contribution or a daily accommodation payment is payable, the amount of any income received by the care recipient, or the care recipient’s partner, from rental of the care recipient’s principal home to another person is an excluded amount.
Note 1: Paragraph 8(8)(znaa) of the Social Security Act and paragraph 5H(8)(nf) of the Veterans’ Entitlements Act describe how, for the purposes of each Act, income is defined for a person who is accruing a liability to pay a daily accommodation payment or a daily accommodation contribution.
Note 2: Subsection 5L(6A) of the Veterans’ Entitlements Act describes how, for the purposes of that Act, assets are defined for a person who is accruing a liability to pay a daily accommodation payment or a daily accommodation contribution.
(2) Subject to subsection (3), this section only applies to care recipients who first entered residential care on or before 31 December 2015.
(3) This section does not apply if the care recipient re‑entered residential care after 31 December 2015, having previously ceased residential care for a continuous period of more than 28 days (other than because the person was on leave).
45 Excluded amounts—GST compensation
(1) This section applies in relation to:
(a) a person receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to the following provisions of that Act:
(i) for a person receiving a disability pension payable at the general rate—section 22;
(ii) for a person receiving a disability pension payable at the general rate including an increased rate for a war‑caused injury or disease—sections 22 and 27;
(iii) for a person receiving a disability pension payable at the intermediate rate—section 23;
(iv) for a person receiving a disability pension payable at the intermediate rate including an increased rate for a war‑caused injury or disease—sections 23 and 27;
(v) for a person receiving a disability pension payable at the special rate—section 24;
(vi) for a person receiving a war widow or widower pension—subsection 30(1); and
(b) a person receiving a pension under Part 6 of Chapter 4, or a weekly amount of compensation under Part 2 of Chapter 5, of the Military Rehabilitation and Compensation Act 2004 at a rate determined under or by reference to the following provisions of that Act:
(i) for a person receiving a Special Rate Disability Pension—sections 198 and 204;
(ii) for a person receiving a weekly amount of compensation for the death of the person’s partner—subsection 234(5).
(2) The amount that is equal to 4% of the amount of pension, or the weekly amount of compensation, payable to a person under a provision referred to in subsection (1), as applicable from time to time, is an excluded amount.
Note 1: Part II of the Veterans’ Entitlements Act deals with pensions, other than service pensions, payable to veterans and their dependants.
Note 2: Part IV of the Veterans’ Entitlements Act deals with pensions payable to members of the Defence Forces or a Peacekeeping Force and their dependants.
Note 3: Part 6 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004 gives former members who are entitled to compensation for incapacity for work a choice to receive a Special Rate Disability Pension instead of compensation.
Note 4: Part 2 of Chapter 5 of the Military Rehabilitation and Compensation Act 2004 gives wholly dependent partners of deceased members an entitlement to compensation in respect of the death of the members. The compensation may be taken as a lump sum or as a weekly amount.
46 Excluded amounts—clean energy payments
For a care recipient who is being provided with residential care through a residential care service, each of the following is an excluded amount:
(a) any amount of clean energy advance, clean energy supplement or quarterly clean energy supplement paid to the care recipient under the Social Security Act;
(b) any amount of clean energy advance, clean energy supplement or quarterly clean energy supplement paid to the care recipient under the Veterans’ Entitlements Act.
Subdivision CA—Care subsidy reduction—amounts included in total assessable income
46A Included amounts—rent receipts and the Social Security Act 1991
(1) For subsection 44‑24(6) of the Act, the provisions of the Social Security Act 1991 apply as if paragraph 8(8)(znaa) of that Act were omitted.
(2) This section only applies to care recipients who, on or after 1 January 2016:
(a) first entered residential care; or
(b) re‑entered residential care having previously ceased residential care for a continuous period of more than 28 days (other than because the person was on leave).
46B Included amounts—rent receipts and the Veterans Entitlements Act 1986
(1) For subsection 44‑24(7) of the Act, the provisions of the Veterans Entitlements Act 1986 apply as if paragraph 5H(8)(nf) of that Act were omitted.
(2) This section only applies to care recipients who, on or after 1 January 2016:
(a) first entered residential care; or
(b) re‑entered residential care having previously ceased residential care for a continuous period of more than 28 days (other than because the person was on leave).
Subdivision D—Care subsidy reduction—value of assets
47 Working out care recipient’s means tested amount—value of assets
(1) For subsection 44‑26A(1) of the Act, the value of a person’s assets is the value worked out in accordance with Division 1 of Part 3.12 of the Social Security Act, reduced by any compensation payments received by the person under:
(a) the Compensation (Japanese Internment) Act 2001; or
(b) the Veterans’ Entitlements (Compensation—Japanese Internment) Regulations 2001; or
(c) Part 2 of the Veterans’ Entitlements (Clarke Review) Act 2004; or
(d) Schedule 5 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007.
(2) However, the following provisions of Division 1 of Part 3.12 of the Social Security Act do not apply for the purposes of working out the person’s assets:
(a) paragraphs 1118(1)(a), (b) and (g), subparagraphs 1118(1)(ga)(ii) and (gb)(ii), paragraphs 1118(1)(u) and (v) and subsection 1118(4) (Certain assets to be disregarded in calculating the value of a person’s assets);
(b) section 1118AB (Value of person’s assets reduced: certain transactions to do with aged care accommodation bonds);
(c) section 1118AC (Value of person’s assets reduced: refunds to charge exempt residents).
(2A) Also, subsection 1121(1) of the Social Security Act does not apply, for the purposes of working out the value of the person’s assets, to a charge or encumbrance over the amount of any refundable deposit balance in respect of a refundable deposit paid by the person.
Value of home
(3) For subsection 44‑26A(7) of the Act, the value of a home is the value worked out after applying this section.
48 Meaning of homeowner
(1) For the definition of homeowner in subsection 44‑26B(1) of the Act:
(a) a person who is not a member of a couple is a homeowner if:
(i) the person has a right or interest in the person’s principal home; and
(ii) the person’s right or interest in the person’s principal home gives the person reasonable security of tenure in the home; and
(b) a person who is a member of a couple is a homeowner if:
(i) the person, or the person’s partner, has a right or interest in one residence that is the person’s principal home, or the partner’s principal home, or the principal home of both of them; and
(ii) the person’s right or interest, or the partner’s right or interest, in the home gives the person, or the person’s partner, reasonable security of tenure in the home.
Note: Principal home is defined in section 4.
(2) For subsection (1), the person’s principal home can be premises that:
(a) constitute a retirement village (within the meaning of subsection 12(3) of the Social Security Act); or
(b) are taken to constitute a retirement village (within the meaning of subsection 12(4) of the Social Security Act).
Division 5—Other supplements
Subdivision A—Accommodation supplement
49 Purpose of this Subdivision
For paragraph 44‑28(5)(d) of the Act, this Subdivision specifies other matters relating to the determination of the amount of accommodation supplement payable for a care recipient for a day.
50 Matters on which determination of accommodation supplement amount may be based
The Minister may determine the amount of accommodation supplement, or a method for working out the amount of accommodation supplement, payable for a day for a care recipient who is being provided with residential care (other than respite care) through a residential care service, based on any of the following:
(a) whether the service is:
(i) a newly built residential care service; or
(ii) a significantly refurbished residential care service;
(b) whether the service meets the building requirements specified in Schedule 1 to the Aged Care (Transitional Provisions) Principles 2014;
(c) whether more than 40% of care recipients to whom the service provides residential care, who are both post‑2008 reform residents and relevant residents, are low‑means care recipients or supported residents;
(d) whether more than 40% of relevant residents to whom the service provides residential care are assisted residents, concessional residents, low‑means care recipients or supported residents.
Note 1: Relevant resident is defined in section 4.
Note 2: See section 44‑28 of the Act for other matters that may affect whether accommodation supplement is payable, and the amount of accommodation supplement that may be payable, in respect of a payment period for the care recipient.
51 Application for determination
(1) An approved provider of a residential care service that has been significantly refurbished may apply to the Secretary for a determination under subsection 52(1) in relation to the service.
(a) a claim, in the form approved by the Secretary, for flexible care subsidy that is, or may become, payable in respect of the service for that payment period; and
(b) any information relating to the claim that is stated in the form to be required, or that the Secretary requests.
(2) An advance of flexible care subsidy is not payable in respect of a payment period for the flexible care service if the approved provider has not given to the Secretary, under subsection (1), a claim relating to the second last preceding payment period for the service.
Note: For example, an advance of subsidy is not payable for March if the Secretary has not been given a claim for January of the same year.
111F Variations of claims for flexible care subsidy
(1) An approved provider may vary the claim made in respect of a payment period within:
(a) 2 years after the end of that payment period; or
(b) such longer period as is determined in respect of the claim by the Secretary.
(2) In determining a longer period for the purposes of paragraph (1)(b), the Secretary must be satisfied that a variation is required:
(a) due to an administrative error made by the Commonwealth or an agent of the Commonwealth; or
(b) because the Commonwealth or an agent of the Commonwealth considers that the circumstances of a care recipient are different from those on the basis of which subsidy was claimed; or
(c) in order to manage STRC programme expenditure, including overpayments.
Chapter 5—Miscellaneous
112 Expiry of certain provisions
Dementia and severe behaviours supplement
(1) The following provisions of these principles expire on 1 November 2014 as if they had been repealed by another legislative instrument:
(a) subparagraph 20(b)(iv);
(b) Subdivision D of Division 3 of Part 3 of Chapter 2.
Payroll tax supplement
(2) The following provisions of these principles expire on 1 April 2015 as if they had been repealed by another legislative instrument:
(a) subparagraph 20(b)(v);
(b) Subdivision E of Division 3 of Part 3 of Chapter 2.
Schedule 1—ACAP codes
Note: See the definition of ACAP code in section 4.
1 ACAP codes
The following table specifies the ACAP codes for certain health conditions.
| ACAP Codes | |
| ACAP Code | Health condition |
| 0500 | Dementia in Alzheimer’s disease |
| 0501 | Dementia in Alzheimer’s disease with early onset (less than 65 years) |
| 0502 | Dementia in Alzheimer’s disease with late onset (65 or more years) |
| 0503 | Dementia in Alzheimer’s disease, atypical or mixed type |
| 0504 | Dementia in Alzheimer’s disease, unspecified |
| 0510 | Vascular dementia |
| 0511 | Vascular dementia of acute onset |
| 0512 | Multi‑infarct dementia |
| 0513 | Subcortical vascular dementia |
| 0514 | Mixed cortical and subcortical vascular dementia |
| 0515 | Other vascular dementia |
| 0516 | Vascular dementia—unspecified |
| 0520 | Dementia in other diseases classified elsewhere |
| 0521 | Dementia in Pick’s disease |
| 0522 | Dementia in Creutzfeldt‑Jakob disease |
| 0523 | Dementia in Huntington’s disease |
| 0524 | Dementia in Parkinson’s disease |
| 0525 | Dementia in human immunodeficiency virus (HIV) disease |
| 0526 | Dementia in other specified diseases classified elsewhere |
| 0530 | Other dementia |
| 0531 | Alcoholic dementia |
| 0532 | Unspecified dementia (includes presenile and senile dementia) |
| 0540 | Delirium |
| 0541 | Delirium not superimposed on dementia |
| 0542 | Delirium superimposed on dementia |
| 0543 | Other delirium |
| 0544 | Delirium—unspecified |
| 0550 | Psychoses and depression/mood affective disorders |
| 0551 | Schizophrenia |
| 0552 | Depression/mood affective disorders |
| 0553 | Other psychoses (includes paranoid states) |
| 0560 | Neurotic, stress related and somatoform disorders |
| 0561 | Phobic and anxiety disorders (includes agoraphobia, panic disorder) |
| 0562 | Nervous tension/stress |
| 0563 | Obsessive‑compulsive disorder |
| 0564 | Other neurotic, stress related and somatoform disorders |
| 0570 | Intellectual and developmental disorders |
| 0571 | Mental retardation/intellectual disability |
| 0572 | Other development disorders (includes autism, Rett syndrome, Asperger’s syndrome, developmental learning disorders, specific development disorders of speech and language, specific developmental disorder of motor function (for example, dyspraxia)) |
| 0580 | Other mental and behavioural disorders |
| 0581 | Mental and behavioural disorders due to alcohol and other psychoactive substance use (includes alcoholism, Korsakov’s psychosis (alcoholic)) |
| 0582 | Adult personality and behavioural disorders |
| 0583 | Speech impediment (for example, stuttering or stammering) |
| 0599 | Other mental and behavioural disorders not elsewhere classified or not otherwise specified (includes harmful use of non‑dependent substances such as laxatives, analgesics and antidepressants, eating disorders such as anorexia nervosa and bulimia nervosa, and mental disorders not otherwise specified) |
Schedule 2—Appraisal procedures for targeting care for homeless people or people from Aboriginal and Torres Strait Islander communities
Note: See subsections 66(4) and 66A(4), and paragraph 70(a).
1 Appraisal procedures
(1) An appraisal of whether a person demonstrates complex behavioural needs and social disadvantage associated with their background as a homeless person or a person from an Aboriginal or Torres Strait Islander community must be undertaken using appraisal tool A in clause 2 of this Schedule or appraisal tool B in clause 3 of this Schedule (as the case requires).
(2) If a person is both a homeless person and a person from an Aboriginal or Torres Strait Islander community then both appraisal tool A and appraisal tool B must be completed.
(3) Notification of the outcome of the appraisal must be received by the Secretary within the period commencing 28 days after the day on which the approved provider began providing care to the care recipient (the care recipient’s entry day) and ending 2 months after the care recipient’s entry day.
(4) However, if the care recipient dies or leaves the residential care service through which the approved provider provides care before the end of 28 days after the care recipient’s entry day, notification of the outcome of the appraisal may be given to the Secretary before the end of 28 days after the care recipient’s entry day.
(5) If:
(a) the appraisal is for the purposes of subsection 66(4) or 66A(4); and
(b) notification of the outcome of the appraisal is received by the Secretary before the end of the period specified in subclause (3);
any points that may be added under:
(c) subsection 66(4) (for the purposes of step 3 of the 2005 scheme service points calculator in subsection 66(2)); or
(d) subsection 66A(4) (for the purposes of step 3 of the 2017 scheme service points calculator in subsection 66A(2));
as a result of the outcome of the appraisal take effect on the care recipient’s entry day.
(6) If:
(a) the appraisal is for the purposes of subsection 66(4) or 66A(4); and
(b) notification of the outcome of the appraisal is received by the Secretary after the end of the period specified in subclause (3);
any points that may be added under:
(c) subsection 66(4) (for the purposes of step 3 of the 2005 scheme service points calculator in subsection 66(2)); or
(d) subsection 66A(4) (for the purposes of step 3 of the 2017 scheme service points calculator in subsection 66A(2));
as a result of the outcome of the appraisal take effect on the day the notification of the outcome of the appraisal is received by the Secretary.
2 Appraisal tool A—homelessness—additional special needs
(1) The care recipient must:
(a) demonstrate one or both of the following:
(i) complex behavioural needs;
(ii) complex social support needs; and
(b) meet each of the 4 criteria set out in the table in this clause.
(2) For the purposes of the checklists in the table in this clause, the diagnosis can be made by any health professional acting within their approved scope of practice.
| Table—Appraisal tool A—homelessness | ||
| Item | Criteria | Tick if Yes |
| 1 | Homelessness background The person has a history of homelessness or is at severe risk of homelessness, including that the person, immediately prior to entering care at the current or a previous residential aged care home: | |
| (a) was living in a public place or temporary shelter; short‑term crisis, emergency or transitional accommodation; boarding house, rooming house or private hotel; or supported community accommodation; or | □ | |
| (b) had no recent housing address; or | □ | |
| (c) had a long history of unsuccessful tenancies or unstable housing arrangements. | □ | |
| 2 | Financial status The person is eligible for: | |
| (a) the maximum basic rate of social security pension or benefit as defined in the Social Security Act; or | □ | |
| (b) service pension or disability pension as defined in the Veterans’ Entitlements Act. | □ | |
| 3 | Relevant behavioural diagnosis The person has mental and behavioural diagnosis associated with one of the following disorders: | |
| (a) dementia in Alzheimer’s disease including early onset dementia, late onset dementia, atypical or mixed type or unspecified dementia (ACAP code 0500); | □ | |
| (b) vascular dementia including acute onset dementia, multi‑infarct dementia, subcortical vascular dementia, mixed cortical and subcortical vascular dementia, other vascular or unspecified dementia (ACAP code 0510); | □ | |
| (c) dementia in other diseases classified elsewhere including Pick’s Disease, Creutzfeldt‑Jakob disease, Huntington’s disease, Parkinson’s disease, human immunodeficiency virus (HIV) (ACAP code 0520); | □ | |
| (d) other dementia including alcoholic dementia or unspecified dementia (such as presenile and senile dementia) (ACAP code 0530); | □ | |
| (e) delirium including delirium not superimposed on dementia, delirium superimposed on dementia, other delirium or unspecified delirium (ACAP code 0540); | □ | |
| (f) psychoses and depression/mood affective disorders including schizophrenia or other psychoses (such as paranoid states) (ACAP code 0550); | □ | |
| (g) neurotic, stress‑related and somatoform disorders including phobic and anxiety disorders (such as agoraphobia and panic disorder), nervous tension/stress or obsessive‑compulsive disorder (ACAP code 0560); | □ | |
| (h) intellectual and developmental disorders including mental retardation, intellectual disability or other developmental disorders (such as autism, Rett syndrome, Asperger’s syndrome, developmental learning disorders, specific developmental disorders of speech and language, specific development disorder of motor function such as dyspraxia) (ACAP code 0570); | □ | |
| (i) other mental and behavioural disorders including mental and behavioural disorders due to alcohol and other psychoactive substance use (such as alcoholism, Korsakov’s psychosis (alcoholic), adult personality and behavioural disorders, speech impediment (stuttering or stammering)) or other mental and behavioural disorders not otherwise specified or not elsewhere classified (such as harmful use of non‑dependant substances (for example, laxatives, analgesics or antidepressants), eating disorders (for example, anorexia nervosa or bulimia nervosa) or mental disorders not otherwise specified) (ACAP code 0580). | □ | |
| 4 | Challenging behaviours and need for intensive social support (a) The person displays challenging behaviours which require ongoing management and prevention including one or both of the following: | |
| (i) episodic catastrophic behaviours such as severe physical and verbal abuse, violent mood swings, aggression; | □ | |
| (ii) the person is considered at high risk of leaving without warning with ongoing staff intervention required to prevent this from occurring; | □ | |
| (b) The person requires intensive social support or intensive assistance with continuing to perform activities of daily living including initiation of and assistance with: | ||
| (i) personal care and hygiene matters (for example, shows aversion to showering and washing hands, has problems with toileting and dressing, requires assistance or guidance with meals); or | □ | |
| (ii) social and recreational activities, with significant one‑on‑one staff intervention necessary to enable the person to participate in community activities. | □ | |
3 Appraisal tool B—Aboriginal and Torres Strait Islanders—additional special needs
(1) The care recipient must:
(a) demonstrate one or both of the following:
(i) complex behavioural needs;
(ii) complex social support needs; and
(b) meet each of the 4 criteria set out in the following table.
(2) For the purposes of the checklists in the table in this clause, the diagnosis can be made by any health professional acting within their approved scope of practice.
| Table—Appraisal tool B—Aboriginal and Torres Strait Islanders | ||
| Item | Criteria | Tick if Yes |
| 1 | Indigenous status The person is of Aboriginal or Torres Strait Islander origin. | □ |
| 2 | Financial status The person is eligible for: | |
| (a) the maximum basic rate of social security pension or benefit as defined in the Social Security Act; or | □ | |
| (b) service pension or disability pension as defined in the Veterans’ Entitlements Act. | □ | |
| 3 | Relevant behavioural diagnosis The person has mental and behavioural diagnosis associated with one of the following disorders: | |
| (a) dementia in Alzheimer’s disease including early onset dementia, late onset dementia, atypical or mixed type or unspecified dementia (ACAP code 0500); | □ | |
| (b) vascular dementia including acute onset dementia, multi‑infarct dementia, subcortical vascular dementia, mixed cortical and subcortical vascular dementia, other vascular or unspecified dementia (ACAP code 0510); | □ | |
| (c) dementia in other diseases classified elsewhere including Pick’s Disease, Creutzfeldt‑Jakob disease, Huntington’s disease, Parkinson’s disease, human immunodeficiency virus (HIV) (ACAP code 0520); | □ | |
| (d) other dementia including alcoholic dementia or unspecified dementia (such as presenile and senile dementia) (ACAP code 0530); | □ | |
| (e) delirium including delirium not superimposed on dementia, delirium superimposed on dementia, other delirium or unspecified delirium (ACAP code 0540); | □ | |
| (f) psychoses and depression/mood affective disorders including schizophrenia or other psychoses (such as paranoid states) (ACAP code 0550); | □ | |
| (g) neurotic, stress‑related and somatoform disorders including phobic and anxiety disorders (such as agoraphobia and panic disorder), nervous tension/stress or obsessive‑compulsive disorder (ACAP code 0560); | □ | |
| (h) intellectual and developmental disorders including mental retardation, intellectual disability or other developmental disorders (such as autism, Rett syndrome, Asperger’s syndrome, developmental learning disorders, specific developmental disorders of speech and language, specific development disorder of motor function such as dyspraxia) (ACAP code 0570); | □ | |
| (i) other mental and behavioural disorders including mental and behavioural disorders due to alcohol and other psychoactive substance use (such as alcoholism, Korsakov’s psychosis (alcoholic), adult personality and behavioural disorders, speech impediment (stuttering or stammering)) or other mental and behavioural disorders not otherwise specified or not elsewhere classified (such as harmful use of non‑dependant substances (for example, laxatives, analgesics, antidepressants), eating disorders (for example, anorexia nervosa or bulimia nervosa) or mental disorders not otherwise specified) (ACAP code 0580). | □ | |
| 4 | Challenging behaviours and need for intensive social support (a) The person displays challenging behaviours which require ongoing management and prevention, including one or both of the following: | |
| (i) episodic catastrophic behaviours such as severe physical and verbal abuse, violent mood swings, aggression; | □ | |
| (ii) the person is considered at high risk of leaving without warning with ongoing staff intervention required to prevent this from occurring. | □ | |
| (b) The person requires intensive social support or intensive assistance with continuing to perform activities of daily living including initiation of and assistance with: | ||
| (i) personal care and hygiene matters (for example, shows aversion to showering and washing hands, has problems with toileting and dressing, requires assistance or guidance with meals); or | □ | |
| (ii) social and recreational activities, with significant one‑on‑one staff intervention necessary to enable the person to participate in community activities. | □ | |
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Subsidy Principles 2014 | 27 June 2014 (F2014L00862) | 1 July 2014 (s 2) | |
| Aged Care Legislation Amendment (Removal of Certification and Other Measures) Principles 2015 | 30 June 2015 (F2015L00998) | Sch 1 (items 12–15): 1 July 2015 (s 2(1) item 1) | — |
| Subsidy Amendment Principles 2015 (No. 1) | 25 Nov 2015 (F2015L01841) | 26 Nov 2015 (s 2) | — |
| Aged Care Legislation Amendment (Short‑term Restorative Care) Principles 2016 | 5 May 2016 (F2016L00670) | 6 May 2016 (s 2 (1) item 1) | — |
| Aged Care Legislation Amendment (Increasing Consumer Choice) Principles 2016 | 23 Sept 2016 (F2016L01492) | Sch 1 (items 33–44): 27 Feb 2017 (s 2(1) item 3) | — |
| Subsidy Amendment (Flexible Care Subsidy and Other Measures) Principles 2016 | 14 Oct 2016 (F2016L01619) | Sch 1 (items 1–5): 15 Oct 2016 (s 2(1) item 1) | — |
| Subsidy Amendment (Viability Supplement) Principles 2016 | 16 Dec 2016 (F2016L01985) | 1 Jan 2017 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Chapter 1 | |
| s 2............................................. | rep LIA s 48D |
| s 4............................................. | am F2015L00998; F2016L00670; F2016L01985 |
| Chapter 2 | |
| Part 1A | |
| Part 1A heading......................... | ad F2016L00670 |
| s 7A.......................................... | ad F2016L00670 |
| s 7B.......................................... | ad F2016L00670 |
| Part 3 | |
| Division 1 | |
| s 20........................................... | (b)(iv) rep 1 Nov 2014 (s 112(1)(a)) |
| (b)(v) rep 1 Apr 2015 (s 112(2)(a)) | |
| Division 3 | |
| Subdivision D........................... | rep 1 Nov 2014 (s 112(1)(b)) |
| s 32........................................... | rep 1 Nov 2014 (s 112(1)(b)) |
| s 33........................................... | rep 1 Nov 2014 (s 112(1)(b)) |
| s 34........................................... | rep 1 Nov 2014 (s 112(1)(b)) |
| Subdivision E........................... | rep 1 Apr 2015 (s 112(2)(b)) |
| s 35........................................... | rep 1 Apr 2015 (s 112(2)(b)) |
| s 36........................................... | rep 1 Apr 2015 (s 112(2)(b)) |
| Division 4 | |
| Subdivision C | |
| s 44........................................... | am F2015L01841 |
| Subdivision CA | |
| s 46A........................................ | ad F2015L01841 |
| s 46B........................................ | ad F2015L01841 |
| Subdivision D | |
| s 47........................................... | am F2016L01619 |
| Division 5 | |
| Subdivision A | |
| s 50........................................... | rs F2015L00998 |
| Subdivision C | |
| s 63........................................... | am F2016L01985 |
| s 64........................................... | am F2016L01985 |
| s 65........................................... | am F2016L01985 |
| s 66........................................... | am F2016L01985 |
| s 66A........................................ | ad F2016L01985 |
| Subdivision E | |
| s 70........................................... | am F2016L01985 |
| Chapter 3 | |
| Part 1A | |
| Part 1A heading......................... | ad F2016L00670 |
| s 70A........................................ | ad F2016L00670 |
| s 70B........................................ | ad F2016L00670 |
| Part 2 | |
| Division 2 | |
| Subdivision A | |
| s 74........................................... | am F2016L01492 |
| s 76........................................... | am F2016L01492 |
| Subdivision B | |
| s 78........................................... | am F2016L01492 |
| s 80........................................... | am F2016L01492 |
| Subdivision C | |
| s 82........................................... | am F2016L01492 |
| s 83........................................... | am F2015L00998 |
| Subdivision D | |
| s 84........................................... | am F2016L01492 |
| Division 4 | |
| Subdivision B | |
| s 98........................................... | am F2016L01492 |
| rs F2016L01985 | |
| s 99........................................... | rs F2016L01985 |
| Chapter 4 | |
| Part 1 | |
| Division 2 | |
| s 102......................................... | am F2016L01619 |
| s 102A...................................... | ad F2016L01619 |
| Division 3 | |
| s 103......................................... | am F2016L00670 |
| s 106A...................................... | ad F2016L00670 |
| Part 2 | |
| Division 1 | |
| s 107......................................... | rs F2016L00670 |
| Division 2 | |
| Division 2 heading.................... | ad F2016L00670 |
| Division 3 | |
| Division 3 heading.................... | ad F2016L00670 |
| s 110......................................... | am F2016L01619 |
| s 110A...................................... | ad F2016L01619 |
| Division 4 | |
| Division 4 heading.................... | ad F2016L00670 |
| Division 5 | |
| Division 5................................. | ad F2016L00670 |
| s 111A...................................... | ad F2016L00670 |
| s 111B...................................... | ad F2016L00670 |
| s 111C...................................... | ad F2016L00670 |
| s 111D...................................... | ad F2016L00670 |
| s 111E...................................... | ad F2016L00670 |
| s 111F....................................... | ad F2016L00670 |
| Schedule 2 | |
| Schedule 2................................ | am F2016L01985 |
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