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. 19/2008)

Administered by Department of Health, Disability and Ageing

Legislation au F2008L02236 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AGED CARE ACT 1997    SUBSECTION 52-1(1)

 

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. 19/2008)

 

Flexible Care Subsidy for flexible care provided in the form of

EXTENDED AGED CARE AT HOME (EACH)

 

 

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. 19/2008) (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 July 2008 and, from that date, revokes the Determination under section 52-1 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).

 

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.

 

Consultation

 

Many aged care subsidy rates are indexed on 1 July each year.  The index for this subsidy 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.

 

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 Parliament of Australia to provide a framework for the delivery of aged care services, including the regulation and funding of these services. The Act was introduced to address the need for a comprehensive and coordinated approach to the provision of aged care, ensuring that older Australians receive the care they need in a manner that respects their dignity and promotes their independence. One aspect of the Act is the provision of flexible care subsidies, including those for Extended Aged Care at Home (EACH). The Determination under subsection 52-1(1) of the amount of flexible care subsidy for flexible care provided in the form of EACH was established to specify the method for calculating the subsidy payable under the Act for a day in respect of an EACH care recipient. This Determination, which applies from 1 July 2008, revokes a previous Determination and outlines a method for calculating the base amount of flexible care subsidy, with additional provisions for care recipients in rural and remote locations based on their Accessibility/Remoteness Index of Australia (ARIA) score. The policy objective is to ensure that the flexible care subsidy reflects the costs associated with providing care in different settings, including the higher costs in more remote areas.

Scope and Application

The Aged Care Act 1997, as amended, applies to individuals classified as aged care recipients who are eligible for extended aged care at home, and to approved providers who deliver such care. This legislation is enacted at the Commonwealth level, thereby affecting all states and territories within Australia. The Act and its subordinate instruments, such as 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, govern the financial assistance available for care services provided in a home setting, which would otherwise require high-level residential care. This financial support is designed to ensure that recipients receive adequate care without the necessity of relocating to a residential care facility. The Act specifies a method for calculating the subsidy, treating EACH care recipients as if they were residential care recipients for the purpose of determining the base amount of subsidy, and further adjusts this amount based on specific care requirements such as oxygen supplement and enteral feeding. Additionally, the Act provides for an increased subsidy for care recipients in more remote locations, as indicated by an Accessibility/Remoteness Index of Australia (ARIA) score of 3.52 or higher. This additional subsidy aims to offset the higher operational costs associated with providing care in rural and remote areas. The subsidy is indexed annually on 1 July, reflecting changes in wage and non-wage costs.

Key Provisions

The key operative sections of the Determination under subsection 52-1(1) of the Aged Care Act 1997 (the Act) provide the method for calculating the flexible care subsidy payable for Extended Aged Care at Home (EACH) care recipients. According to subsection 52-1(1)(a) and (b), the amount of subsidy is either determined by the Minister in writing or calculated according to a method specified by the Minister. The Determination outlines the method for calculating the subsidy, which is effective from 1 July 2008. It involves treating the EACH care recipient as if they were a residential care recipient for the purpose of determining the base amount of flexible care subsidy payable for a day. Specifically, Step 1 of the Determination equates the base amount to the residential care subsidy payable for a Category 2 Level in the Resident Classification Scale (RCS 2), provided that the residential care is not respite care. Steps 2 and 3 add supplements for oxygen and enteral feeding if these would have been payable had the care recipient been receiving residential care. Step 4 further adjusts the amount if the care recipient resides in a rural or remote location, as defined by an Accessibility/Remoteness Index of Australia (ARIA) score of 3.52 or more. The Act imposes several obligations and requirements on parties involved with EACH. The approved providers must ensure that the care recipients are eligible for EACH, which means they would otherwise be eligible for high-level residential care. The providers must also accurately calculate the flexible care subsidy in accordance with the Determination, and where applicable, include any additional amounts for rural and remote locations. The Department of Health and Ageing is responsible for verifying the care recipient’s location based on the ARIA score, which is derived from the postcode of the suburb or town where the care recipient resides. Additionally, the flexible care subsidy is indexed annually on 1 July, incorporating movements in wage costs and non-wage costs, ensuring that the subsidy reflects changes in economic conditions. Breaches of the requirements set out in the Determination could lead to civil or criminal consequences. Although specific offences and penalties are not detailed in the Determination itself, under the Aged Care Act 1997, failure to comply with the provisions regarding the flexible care subsidy could result in civil penalties. These penalties may include fines and other sanctions. Additionally, if the non-compliance is deemed to be deliberate or negligent, it could potentially lead to criminal charges, which may result in more severe penalties, including imprisonment, depending on the nature and extent of the breach. The exact penalties would be determined by the relevant courts based on the specifics of the case and the applicable laws.

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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.