Aged Care (Residential care subsidy—amount of accommodation charge top-up supplement) Determination 2008 (No. 2)
as amended
made under subsection 44-16(3) 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 subsidy—amount of accommodation charge top-up supplement) Determination 2008 (No. 2) as in force on 1 January 2014. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 30 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
1 Name of Determination
2 Commencement
3 Revocation
4 Definitions
5 Amount of accommodation charge top-up supplement
Endnotes
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
1 Name of Determination
This Determination is the Aged Care (Residential care subsidy—amount of accommodation charge top-up supplement) Determination 2008 (No. 2). This Determination may also be cited as ACA Ch. 3 No. 29/2008.
2 Commencement
This Determination commences on 20 September 2008.
3 Revocation
The Aged Care (Residential care subsidy—amount of accommodation charge top-up supplement) Determination 2008 made by the Minister on 17 March 2008 under subsection 44-16 (3) of the Act is revoked.
4 Definitions
In this Determination:
Act means the Aged Care Act 1997.
5 Amount of accommodation charge top-up supplement
(1) For subsection 44-16(3) of the Act, the amount of accommodation charge top-up supplement for a care recipient for a day is:
the maximum daily accommodation charge that would be payable by the care recipient if the care recipient was not receiving an income support payment on his or her date of entry, as calculated under section 57A-6 of the Act
minus
the maximum daily accommodation charge that is payable by a post-2008 reform resident who was receiving an income support payment on his or her date of entry, as specified under subsection 23.81P(6) of the User Rights Principles 1997
(2) However if:
(a) the amount worked out under subsection (1) is a negative amount; or
(b) the care recipient is on pre-entry leave;
the amount of accommodation charge top-up supplement is $0.00.
(3) 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.
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
ad = added or inserted | pres = present |
am = amended | prev = previous |
c = clause(s) | (prev) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expired or ceased to have effect | rep = repealed |
hdg = heading(s) | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s) |
LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
mod = modified/modification | Sdiv = Subdivision(s) |
No = Number(s) | SLI = Select Legislative Instrument |
o = order(s) | SR = Statutory Rules |
Ord = Ordinance | Sub-Ch = Sub-Chapter(s) |
orig = original | SubPt = Subpart(s) |
par = paragraph(s)/subparagraph(s) |
|
Endnote 3—Legislation history
Name | FRLI registration | Commencement | Application, saving and transitional provisions |
Aged Care (Residential care subsidy—amount of accommodation charge top-up supplement) Determination 2008 (No. 2) | 19 Sept 2008 (see F2008L03514) | 20 Sept 2008 |
|
Residential Care Subsidy Amendment (Leave from Care) Determination 2013 | 23 Dec 2013 (see F2013L02182) | Sch 6:1 Jan 2014 | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 5..................... | rs F2013L02182 |
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous