Aged Care (Residential Care - Amount of Basic Subsidy) Determination 2013 (No. 1)

Aged Care (Residential Care—Amount of Basic Subsidy) Determination 2013 (No. 1)

as amended

made under subsection 44‑3(2) of the

Aged Care Act 1997

Compilation start date:  1 January 2014

Includes amendments up to: Residential Care Subsidy Amendment (Leave from Care) Determination 2013

About this compilation

This compilation

This is a compilation of the Aged Care (Residential Care—Amount of Basic Subsidy) Determination 2013 (No. 1) as in force on 1 January 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 29 January 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name of Determination

4 Definitions

Part 2—Care recipients receiving residential care other than as respite care

5 Application of Part 2

6 Amount for care recipient whose RCS classification is in effect

7 Care recipients whose RCS classification ceases to have effect on or after 20 March 2008—amount for day on or after date of effect of ACFI classification

8 Care recipients who do not have and RCS classification on 20 March 2008—amount for day on or after date of effect of ACFI classification

9 Care recipients with an ACFI classification—amount for day before date of effect of ACFI classification (late receipt of appraisal or reappraisal)

10 Amount for care recipients on extended hospital leave

10A Amount for care recipients on pre-entry leave

Part 3—Care recipients receiving residential care as respite care

11 Application of Part 3

12 Amount for days within maximum number for provision of respite care

13 Amount for days exceeding maximum number for provision of respite care

14 Amount for residential care service exceeding respite care proportion

Schedule 1—Domain amounts

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

Part 1—Preliminary

1  Name of Determination

  This Determination is the Aged Care (Residential Care—Amount of Basic Subsidy) Determination 2013 (No. 1).

4  Definitions

  In this Determination:

ACFI classification means a classification, or renewal of a classification, of a care recipient under the Act and the Classification Principles 1997.

Act means the Aged Care Act 1997.

domain amount, for a domain category, means the amount mentioned in Schedule 1 for the domain category.

domain category has the meaning given by section 9.3 of the Classification Principles 1997.

RCS classification means a classification, or renewal of a classification, of a care recipient under the Act and the Classification Principles 1997 as in force immediately before 20 March 2008.

Note: For the classification levels for recipients of residential care and the procedure for determining the classification level for a care recipient, see the Classification Principles 1997:

(a) for an RCS classification—as in force immediately before 20 March 2008; and

(b) for an ACFI classification—as in force on or after 20 March 2008.

Part 2—Care recipients receiving residential care other than as respite care

5  Application of Part 2

  This Part applies to a care recipient receiving residential care other than as respite care.

6  Amount for care recipient whose RCS classification is in effect

  The basic subsidy amount for a day for a care recipient who has an RCS classification that is in effect is:

 (a) for a day on or after the day that the RCS classification took effect—the full amount mentioned in column 3 of the following table for the care recipient’s classification level; and

 (b) for a day (if any) on which the care recipient was taken, under subsection 25‑1(4) of the Act, to have been classified at the lowest applicable RCS classification level—the reduced amount mentioned in column 4 of the following table for the care recipient’s classification level.

Note: For when a classification of a care recipient takes effect, see Division 26 of the Act.

7  Care recipients whose RCS classification ceases to have effect on or after 20 March 2008—amount for day on or after date of effect of ACFI classification

 (1) This section applies to a care recipient on a day if:

 (a) the care recipient has had an RCS classification; and

 (b) the care recipient’s most recent RCS classification ceased to have effect on or after 20 March 2008; and

 (c) the care recipient has an ACFI classification that is in effect; and

 (d) the day is on or after the day that the ACFI classification took effect.

Note: For when a classification of a care recipient takes effect, see Division 26 of the Act.

 (2) The basic subsidy amount for the day for the care recipient is:

 (a) if the ACFI amount is at least $15 more than the RCS amount- the ACFI amount; or

 (b) if paragraph (a) does not apply—the RCS amount.

 (3) In this section:

ACFI amount, for a care recipient, means the sum of the domain amounts for each domain category in the care recipient’s ACFI classification.

RCS amount, for a care recipient, means the basic subsidy amount for the care recipient’s most recent expired RCS classification under paragraph 6(a).

8  Care recipients who do not have and RCS classification on 20 March 2008—amount for day on or after date of effect of ACFI classification

 (1) This section applies to a care recipient on a day if:

 (a) on 20 March 2008, the care recipient does not have an RCS classification that is in effect; and

 (b) the care recipient has an ACFI classification that is in effect; and

 (c) the day is on or after the day that the ACFI classification took effect.

Note: For when a classification of a care recipient takes effect, see Division 26 of the Act.

 (2) The basic subsidy amount for the day for the care recipient is:

 (a) if the care recipient’s classification level is the interim low level—$48.21; or

 (c) if paragraph (a) does not apply—the ACFI amount.

 (3) In this section:

ACFI amount has the meaning given by subsection 7(3).

9  Care recipients with an ACFI classification—amount for day before date of effect of ACFI classification (late receipt of appraisal or reappraisal)

Appraisal or reappraisal received within 3 months after end of appraisal or reappraisal period

 (1) Subsection (2) applies to a care recipient on a day if:

 (a) on the day, the care recipient is taken, under subsection 25‑1(4) of the Act, to have been classified at the lowest applicable ACFI classification level; and

 (b) either:

 (i) an appraisal in respect of the care recipient has been received by the Secretary in the 3 months beginning at the end of the period mentioned in paragraph 26‑1(a) or (b) of the Act (whichever is applicable); or

 (ii) a reappraisal in respect of the care recipient has been received by the Secretary, if the reappraisal was received by the Secretary in the 3 months beginning at the end of the reappraisal period for the classification determined under section 27‑2 of the Act.

 (2) The basic subsidy amount for the day for the care recipient is:

 (a) if the amount for a day for the care recipient under section 7 or 8 is at least $25—that amount less $25; or

 (b) if the amount for a day for the care recipient under section 7 or 8 is less than $25—$0.

Appraisal or reappraisal received more than 3 months after end of appraisal or reappraisal period

 (3) The basic subsidy amount for a day for a recipient is $0 if:

 (a) on the day, the care recipient is taken, under subsection 25‑1(4) of the Act, to have been classified at the lowest applicable ACFI classification level; and

 (b) either:

 (i) an appraisal in respect of the care recipient has been received by the Secretary, if the appraisal was received by the Secretary more than 3 months after the end of the period mentioned in paragraph 26‑1(a) or (b) of the Act (whichever is applicable); or

 (ii) a reappraisal in respect of the care recipient has been received by the Secretary, if the reappraisal was received by the Secretary more than 3 months after the end of the reappraisal period for the classification determined under section 27‑2 of the Act.

10  Amount for care recipients on extended hospital leave

 (1) This section applies to a care recipient:

 (a) who has:

 (i) an ACFI classification that is in effect; or

 (ii) an RCS classification that is in effect; and

 (b) who is on extended hospital leave.

 (2) The basic subsidy amount for a day for the care recipient is:

 (a) for a day that is before the 29th day of the care recipient’s leave—the amount for the care recipient for the day under section 6, 7, 8 or 9 (whichever is applicable);

 (b) unless paragraph (c) applies, for a day that is after the 28th day of the care recipient’s leave—half of the basic subsidy amount for the care recipient for the 28th day of the care recipient’s leave;

 (c) if the 29th day of the care recipient’s leave is 31 December 2013, the amount for the care recipient for 31 December 2013 is the amount for the care recipient for the day under section 6, 7, 8 or 9 (whichever is applicable).

10A  Amount for care recipients on pre-entry leave

 (1) For the purposes of this section, a care recipient is on pre-entry leave in the circumstances described in subsection 42-3(3) of the Act.

 (2) During any period of pre-entry leave, the basic subsidy amount is 30 per cent of the amount for the care recipient for a day under section 6, 7, 8 or 9 (whichever is applicable).

Part 3—Care recipients receiving residential care as respite care

11  Application of Part 3

  This Part applies to a care recipient receiving residential care as respite care.

12  Amount for days within maximum number for provision of respite care

 (1) This section applies to a care recipient on a day if, on that day, the number of days on which the care recipient had previously been provided with residential care as respite care during the financial year in which the day occurred does not equal or exceed the number specified, for the purposes of paragraph 44‑12(2)(c) of the Act, in the Residential Care Subsidy Principles 1997.

 (2) Subject to section 14, the basic subsidy amount for the day for the care recipient is:

 (a) for a care recipient whose classification level is low level residential respite care—$38.98; and

 (b) for a care recipient whose classification level is high level residential respite care—$109.30.

13  Amount for days exceeding maximum number for provision of respite care

  The basic subsidy amount for a day for a care recipient is $0 if, on that day, the number of days on which the care recipient had previously been provided with residential care as respite care during the financial year in which the day occurred equals or exceeds the number specified, for the purposes of paragraph 44‑12(2)(c) of the Act, in the Residential Care Subsidy Principles 1997.

14  Amount for residential care service exceeding respite care proportion

  The basic subsidy amount for a day for a care recipient in a residential care service that provides a greater proportion of care to recipients of respite care than that specified in the conditions attached to the allocation of places to the approved provider of the residential care service is $0.

Schedule 1—Domain amounts

(section 4)

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]