EXPLANATORY STATEMENT
SECTION 52-1
AGED CARE ACT 1997
FLEXIBLE CARE (TRANSITION CARE) SUBSIDY AMOUNT DETERMINATION
(ACA Ch. 3 No. 13/2006)
The Aged Care Act 1997 (“the Act”) provides for the funding of aged care services. Persons who are approved under the Act to provide flexible aged care services can be eligible to receive flexible care subsidy payments in respect of the care they provide to approved care recipients.
Subsection 50-2(1) of the Act provides that the Flexible Care Subsidy Principles may specify the kinds of care for which flexible care subsidy may be payable. The Flexible Care Subsidy Principles 1997 presently provide for four types of flexible care. These kinds of care are extended aged care at home services, multi-purpose services, innovative care services and transition care.
Subsection 52-1(1) provides that the Minister may determine in writing the amount of the Flexible Care Subsidy.
The present Determination (“the Determination”) specifies that the amount of flexible care subsidy that is payable for flexible care in the form of transition care for each day that an approved provider’s flexible care place is occupied by a care recipient who is approved to receive, and is provided with, transition care on that day, is $104.83 from 1 July 2006.
The Determination may be cited as ACA Ch. 3 No. 13/2006.
The Determination revokes the Flexible Care (Transition Care) Subsidy Amount Determination 2005 made on 21 June 2005.
This Determination is a “legislative instrument” for the purposes of the Legislative Instruments Act 2003. As the Determination increases the amount of flexible care subsidy payable to approved providers who provide transition care backdated to 1 July 2006, the Determination does not contravene subsection 12(2) of the Legislative Instruments Act 2003. The rights of approved providers and care recipients as at the date of registration are not adversely affected by the Determination and the Determination does not impose liabilities on any person in respect of anything done or omitted to be done before the date of registration.
As the indexation of this rate of subsidy uses a well-established formula for indexation, no specific consultation with industry was undertaken with respect of this Determination.