User Rights Amendment Principles 2008 (No. 1) (Cth)

Case

User Rights Amendment Principles 2008 (No. 1)1

Aged Care Act 1997

I, JUSTINE ELLIOT, Minister for Ageing, make these Principles under subsection 96‑1 (1) of the Aged Care Act 1997.

Dated 17 March 2008

JUSTINE ELLIOT

Minister for Ageing

  1. Name of Principles

These Principles are the User Rights Amendment Principles 2008 (No. 1).

  1. Commencement

These Principles commence on 20 March 2008.

  1. Amendment of User Rights Principles

Schedule 1 amends the User Rights Principles 1997.

Schedule 1        Amendments

(section 3)

[1]           Subsection 23.28 (1)

omit

not a concessional resident.

insert

eligible to pay an accommodation bond.

[2]           Subsection 23.28 (2)

omit

an accommodation bond and the person is not a concessional resident,

insert

, or intends to charge, an accommodation bond and the person is eligible to pay an accommodation bond,

[3]           Subsection 23.81C (1)

omit

not a concessional resident or a charge exempt resident.

insert

eligible to pay an accommodation charge.

[4]           Subsection 23.81C (2)

omit

not a concessional resident or a charge exempt resident,

insert

eligible to pay an accommodation charge,

[5]           Subsections 23.81P (1) and (3)

omit

person

insert

pre‑2008 reform resident

[6]           Subsection 23.81P (3)

after

1 July 2004

insert

but before 20 March 2008

[7]           After subsection 23.81P (4)

insert

(5)   For paragraph 57A‑6 (1) (c) of the Act, $15.76 is specified for a post‑2008 reform resident who:

(a)    first entered a residential care service for the provision of residential care (other than respite care) before 1 July 2004; and

(b)    re‑enters care after 19 March 2008 and before 20 September 2008.

(6)   For paragraph 57A‑6 (1) (c) of the Act, $19.56 is specified for a post‑2008 reform resident who:

(a)    first entered a residential care service for the provision of residential care (other than respite care) after 30 June 2004; and

(b)    receives an income support payment; and

(c)    enters care after 19 March 2008 and before 20 September 2008.

(7)   For paragraph 57A‑6 (1) (c) of the Act, $26.88 is specified for a post‑2008 reform resident who:

(a)    first entered a residential care service for the provision of residential care (other than respite care) after 30 June 2004; and

(b)    does not receive an income support payment; and

(c)    enters care after 19 March 2008 and before 20 September 2008; and

(d) is receiving care through a service that meets the building requirements mentioned in section 21.11B of the Residential Care Subsidy Principles 1997.

(8)   For paragraph 57A‑6 (1) (c) of the Act, $24.37 is specified for a post‑2008 reform resident who:

(a)    first entered a residential care service for the provision of residential care (other than respite care) after 30 June 2004; and

(b)    does not receive an income support payment; and

(c)    enters care after 19 March 2008 and before 20 September 2008; and

(d) is receiving care through a service that does not meet the building requirements mentioned in section 21.11B of the Residential Care Subsidy Principles 1997.

[8]           Section 23.83A

omit

Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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