Aged Care Act 1997 - Determination under subsection 52-1(1) of the amount of flexible care subsidy for flexible care provided in the form of Extended Aged Care at Home (ACA Ch. 3 No. 17/2007)

Administered by Department of Health, Disability and Ageing

Legislation au F2007L02047 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

AGED CARE ACT 1997

 

SUBSECTION 52-1(1)

 

Determination of the amount of Flexible Care Subsidy for flexible care provided in the form of Extended Aged Care At Home (EACH)

(ACA Ch. 3 No. 17/2007)

 

 

Extended Aged Care at Home (EACH) is a flexible care program in respect of which flexible care subsidy is payable.  EACH provides nursing and personal care services to an aged care recipient in the care recipient’s home where the care recipient would otherwise be eligible for high level residential care.

 

Subsection 52-1(1) of the Aged Care Act 1997 (the Act) provides that the amount of flexible care subsidy that is payable in respect of a day is the amount:

(a)   determined by the Minister in writing; or

(b)   worked out in accordance with a method determined by the Minister in writing. 

 

In accordance with paragraph 52-1(1)(b) of the Act, the Determination under subsection 52-1(1) of the amount of flexible care subsidy for flexible care provided in the form  of Extended Aged Care at Home (ACA Ch. 3 No. 17/2007) (the Determination) specifies the method for working out the amount of flexible care subsidy payable under section 51-1 of the Act for a day in respect of an EACH care recipient.

 

The Determination applies from 1 January 2007 and, from that date, revokes the Determination made under section 52-1 for flexible care subsidy in respect of Extended Aged Care at Home (ACA Ch. 3 No. 2/2007).

 

Steps 1 to 3 of the Determination require an EACH care recipient to be treated as if he or she were a residential care recipient for the purposes of working out the base amount of flexible care subsidy payable for a day in respect of the EACH care recipient.  Step 1 of the Determination states that the base amount of flexible care subsidy payable for a day in respect of an EACH care recipient is an amount equal to the amount of residential care subsidy payable for a care recipient who is classified at the Category 2 Level in the Resident Classification Scale (classification level RCS 2), assuming that the residential care is not respite care. 

 

Steps 2 and 3 of the Determination provide that if the oxygen supplement payable under section 44-13 and/or the enteral feeding supplement payable under section 44-14 would have been payable in respect of the EACH care recipient if he or she was receiving residential care, an amount equivalent to each applicable supplement is added to the amount calculated under Step 1. 

 

This method of working out the base amount of flexible care subsidy payable for a day in respect of an EACH care recipient has been in place since EACH was established as a flexible care program.

Step 4 provides for an additional daily amount of flexible care subsidy to be paid to an approved provider who provides EACH to a care recipient who resides in a rural and remote location provided that location has an Accessibility/Remoteness Index of Australia (ARIA) score of 3.52 or more.

 

Under the ARIA, each suburb and town in Australia is allocated an ARIA score based on its accessibility and remoteness.  ARIA scores for all Australian locations are contained in the document entitled Viability Funding — ARIA scores for locations as at 30 July 1999, published by the Commonwealth Department of Health and Ageing.  The Department will verify the location of a care recipient by reference to the postcode of the suburb or town in which the care recipient resides.

 

The more remote the EACH care recipient’s residential location, the higher the ARIA score for that location and the higher the amount of the additional flexible care subsidy payable to the approved provider in respect of that care recipient.  This approach reflects the higher costs involved in operating EACH care services in rural and remote areas, including the higher costs associated with attracting and retaining staff.

 

If the ARIA score for an EACH care recipient’s residential location is less than 3.52 no additional daily amount of flexible care subsidy is payable in respect of the EACH care recipient.  However, where the ARIA score for an EACH care recipient’s residential location is 3.52 or more, the table in Step 4 of the Determination sets out the additional daily amount that is payable in respect of that care recipient.  

 

Approved providers who are eligible to receive an additional amount of flexible care subsidy in respect of an EACH care recipient will receive the additional amount of subsidy  through Medicare Australia’s payment systems.

 

The amount of flexible care subsidy payable in respect of EACH  is indexed on 1 July each year.  As part of this process, the additional amount of flexible care subsidy payable in respect of an EACH care recipient has also been indexed.

 

All residential care subsidy rates are indexed on 1 July each year.  The index incorporates movements in wage costs and non-wage costs. The wage costs component is calculated using the annualised dollar figure of the October 2006 Federal Minimum Wage decision of the Australian Fair Pay Commission expressed as a proportion of the (latest available) Average Weekly Ordinary Time Earnings at the time of the AFPC decision. The non-wage costs index is based on the Consumer Price Index exclusive of the impact of A New Tax System consistent with a whole of government decision.

 

Consultation

 

As the indexation of this supplement used an established formula for indexation, no specific consultation with industry was undertaken with respect to making this new determination.

 

 

 

 

 

Overview

The Aged Care Act 1997 was enacted by the Australian Parliament to establish a framework for providing aged care services, aiming to ensure that aged care recipients receive high-quality care that is appropriate to their needs. The Act addresses the gap in comprehensive aged care services by providing a structured approach to funding and delivering care, including residential, community, and home-based care. The Explanatory Statement for the Determination of the amount of Flexible Care Subsidy for flexible care provided in the form of Extended Aged Care at Home (EACH) under the Aged Care Act 1997 outlines how the subsidy amount is calculated. The Determination, which came into effect on 1 January 2007, specifies a method for calculating the flexible care subsidy for EACH care recipients, treating them as residential care recipients for base subsidy calculation purposes and adding supplements where applicable. Additionally, it introduces an additional subsidy for care recipients in more remote areas, based on the Accessibility/Remoteness Index of Australia (ARIA) scores, reflecting the higher costs of providing care in rural and remote locations.

Scope and Application

The Aged Care Act 1997, through its subsection 52-1(1), governs the amount of flexible care subsidy payable for Extended Aged Care at Home (EACH), which provides nursing and personal care services to aged care recipients in their homes who would otherwise qualify for high-level residential care. This Determination, effective from 1 January 2007, supersedes earlier regulations and specifies the method for calculating the subsidy. It applies to EACH care recipients and the approved providers who deliver these services, operating nationwide under Commonwealth jurisdiction. The Determination requires an EACH care recipient to be treated as if they were a residential care recipient for subsidy calculations, with additional amounts payable for those residing in areas with an Accessibility/Remoteness Index of Australia (ARIA) score of 3.52 or higher, reflecting the increased operational costs in more remote locations. The amount of the subsidy is indexed annually on 1 July to account for wage and non-wage cost changes, ensuring the subsidy remains reflective of current economic conditions.

Key Provisions

The primary provisions of the legislation, specifically Subsection 52-1(1) of the Aged Care Act 1997, establish the framework for calculating the flexible care subsidy for the Extended Aged Care at Home (EACH) program. According to this subsection, the amount of flexible care subsidy payable for EACH is determined either by a written decision of the Minister (Option a) or through a method prescribed in writing by the Minister (Option b). The Determination under this subsection outlines a method for calculating the subsidy based on the residential care subsidy rates, with additional supplements for oxygen and enteral feeding, as well as an additional subsidy for care recipients in rural and remote areas, as indicated by an Accessibility/Remoteness Index of Australia (ARIA) score of 3.52 or more. This method has been in effect since EACH was introduced as a flexible care program and applies from 1 January 2007, replacing the previous Determination (ACA Ch. 3 No. 2/2007). The Act imposes certain obligations on parties involved in the EACH program. Approved providers must ensure that they accurately calculate the flexible care subsidy for their care recipients according to the method specified in the Determination. This includes treating EACH care recipients as if they were residential care recipients for base subsidy calculations, adding applicable supplements for oxygen and enteral feeding, and considering the ARIA score for additional subsidies if applicable. The Department of Health and Ageing is responsible for verifying the location of care recipients and ensuring that the correct subsidy amounts are paid through Medicare Australia’s payment systems. Failure to comply with the requirements set out in the Determination can lead to civil and criminal consequences. Although the legislation does not explicitly state the penalties for non-compliance, breaches of the Aged Care Act 1997 can typically result in fines and other sanctions. The severity of penalties would depend on the nature and extent of the breach, with potential maximum penalties varying based on the specific provisions of the Act that are contravened. For instance, penalties for fraudulent claims or misrepresentation can be significant, reflecting the seriousness of such breaches in the context of aged care services.

Legal classification tags

Area of Law
Aged Care
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Regulatory Standards
Catchwords
Flexible Care Subsidy

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.