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 - Dementia (ACA Ch. 3 No. 20/2008)

Administered by Department of Health, Disability and Ageing

Legislation au F2008L02237 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 – DEMENTIA

 (ACA Ch. 3 No. 20/2008)

 

Flexible Care Subsidy for flexible care provided in the form of

EXTENDED AGED CARE AT HOME - DEMENTIA (EACHD)

 

 

Extended Aged Care at Home - Dementia (EACHD) is a flexible care program in respect of which flexible care subsidy is payable.  EACHD provides nursing and personal care services and dementia specific strategies 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 Dementia (ACA Ch. 3 No. 20/2008) (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 EACHD 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 - Dementia (ACA Ch. 3 No. 20/2007) .

 

Steps 1 to 3 of the Determination require an EACHD 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 EACHD care recipient. 

 

Step 1 of the Determination states that the base amount of flexible care subsidy payable for a day in respect of an EACHD care recipient is an amount equal to the amount of residential care subsidy payable for a care recipient who is classified at the Category 1 Level in the Resident Classification Scale (classification level RCS 1), 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 EACHD 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 EACHD care recipient has been in place since EACHD 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 EACHD to a care recipient in 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 EACHD 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 EACHD care services in rural and remote areas, including the higher costs associated with attracting and retaining staff. 

 

If the ARIA score for an EACHD care recipient’s residential location is less than 3.52 no additional daily amount of flexible care subsidy is payable in respect of the EACHD care recipient.  However, where the ARIA score for an EACHD 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 EACHD care recipient will receive the additional amount through Medicare Australia’s payment systems.

 

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

 

Consultation

 

Many aged 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.

 

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, enacted by the Parliament of Australia, addresses the need for flexible care options for aged care recipients, particularly those with dementia, who might otherwise require high-level residential care. This legislation allows for the provision of extended aged care at home, specifically designed to offer nursing and personal care services alongside dementia-specific strategies. The Act was designed to ensure that care recipients can receive the necessary support in their own homes, thereby maintaining their independence and quality of life. The Explanatory Statement issued under the Act details the method for calculating the flexible care subsidy for such services, specifying how the base amount is determined by treating the care recipient as if they were in residential care and including any applicable supplements for oxygen or enteral feeding. Additionally, it provides for higher subsidies for care provided in more remote areas, reflecting the increased operational costs associated with providing services in rural and remote locations.

Scope and Application

The Aged Care Act 1997, as amended by 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 – Dementia (ACA Ch. 3 No. 20/2008), governs the flexible care subsidy for services rendered under the Extended Aged Care at Home - Dementia (EACHD) program. This Act applies to care recipients who are eligible for high-level residential care but receive nursing and personal care services and dementia-specific strategies in their own homes. The flexible care subsidy is payable to approved providers who offer such services. The Act operates across the Commonwealth of Australia, ensuring a consistent approach to the provision and funding of flexible care services for dementia care recipients. The Act specifies the method for calculating the subsidy, which includes treating the care recipient as if they were in residential care for base amount calculations and adding supplements for oxygen and enteral feeding where applicable. Additionally, a higher subsidy is payable to providers in more remote areas, as determined by the Accessibility/Remoteness Index of Australia (ARIA) score, reflecting the higher operational costs in such regions. The Act does not explicitly state exclusions but implies they are based on eligibility for high-level residential care and the specific service model of EACHD. Any further specifics or exceptions would be detailed in subordinate instruments.

Key Provisions

The Aged Care Act 1997 includes provisions for determining the amount of flexible care subsidy payable for Extended Aged Care at Home – Dementia (EACHD) under subsection 52-1(1) (paragraph 52-1(1)(b)). The subsidy amount is determined either by the Minister in writing or by a method determined by the Minister. The Determination under subsection 52-1(1) specifies the method for calculating the subsidy for EACHD, which is effective from 1 July 2008 and revokes the previous Determination. This method involves treating the EACHD care recipient as if they were a residential care recipient for calculating the base amount of flexible care subsidy, which is equal to the residential care subsidy for a Category 1 Level in the Resident Classification Scale, assuming it is not respite care. If applicable, supplements for oxygen and enteral feeding are added to this base amount. Additionally, an extra daily subsidy is provided to approved providers for EACHD care recipients in rural and remote locations, based on the Accessibility/Remoteness Index of Australia (ARIA) score, which reflects higher operational costs in these areas. The Act imposes specific obligations on parties involved in providing EACHD services. Approved providers must calculate the flexible care subsidy according to the method outlined in the Determination and ensure that care recipients are appropriately classified and assessed to determine the applicable supplements and additional subsidies. The Department of Health and Ageing verifies the location of care recipients using their postcode to determine eligibility for additional subsidies based on ARIA scores. Providers must submit accurate and timely claims through Medicare Australia's payment systems to receive the appropriate subsidies. Failure to comply with the provisions of the Aged Care Act 1997 regarding the flexible care subsidy for EACHD may result in financial penalties and other legal consequences. The Act does not specify particular offences or maximum penalties in the Determination itself, but non-compliance with the subsidy calculation and payment processes could lead to financial audits, recovery of improperly paid subsidies, and potential civil or administrative actions. The Department of Health and Ageing retains the right to investigate and take corrective action against providers who fail to adhere to the requirements set forth in the Act and the Determination.

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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.