EXPLANATORY STATEMENT
AGED CARE ACT 1997
SECTION 44-16
DETERMINATION OF RATES OF FINANCIAL ASSISTANCE
(ACA Ch. 3 No. 6/2006)
TRANSITIONAL SUPPLEMENT
Subsection 44-16(3) of the Aged Care Act 1997 provides that the Minister may determine in writing the amount of additional primary supplements or the way in which the amount of the supplement is to be worked out. Subsection 44-16(1) of the Act provides that the Residential Care Subsidy Principles 1997 may provide for additional primary supplements. Section 21.26 of the Residential Care Subsidy Principles 1997 provides for the eligibility for payment of the transitional supplement.
An aged care service is eligible for the payment of transitional supplement when residential care other than respite care is provided to:
- A care recipient who, after 30 September 1997, entered a residential care service that was not certified on the day the care recipient entered the service; or
- A person who:
- on 30 September 1997 occupied a hostel place as defined under the Aged or Disabled Persons Care Act 1954; and
- on 30 September 1997 was a financially disadvantaged person for General Conditions formulated under section 10F of that Act; and
- after 30 September 1997 continued to receive residential care from the service; and
- has been classified under Part 2.4 of the Act
- A person who:
- on 30 September 1997 occupied a nursing home bed in a nursing home approved under section 40AA of the National Health Act 1953; and
- after 30 September 1997 continued to receive residential care from the service; and
- has been classified under Part 2.4 of the Act.
This determination sets the transitional supplement rates with effect from 1 July 2006.
Consultation
As the indexation of this supplement uses a well established formula for indexation, no specific consultation with industry was undertaken with respect to this instrument.