Aged Care (Residential care subsidy - amount of accommodation charge top-up supplement) Determination 2008 (No. 2) (ACA Ch. 3 No. 29/2008)

Administered by Department of Social Services

Legislation au F2008L03514 Not in force Legislative Instrument

Legislation content

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)
/sub-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

 

Overview

The Aged Care (Residential care subsidy—amount of accommodation charge top-up supplement) Determination 2008 (No. 2), as amended, was introduced to address the issue of determining the appropriate amount of accommodation charge top-up supplement for aged care recipients receiving residential care under the Aged Care Act 1997. This legislative instrument was made under subsection 44-16(3) of the Act and commenced on 20 September 2008. The policy objective is to provide clarity and consistency in calculating the top-up supplement for accommodation charges, ensuring that care recipients receive the correct amount based on their individual circumstances, such as income support payments received on their date of entry into care. This Determination aims to rectify any discrepancies in the amount of accommodation charge top-up supplement by establishing a clear formula and conditions for its application.

Scope and Application

The Aged Care (Residential care subsidy—amount of accommodation charge top-up supplement) Determination 2008 (No. 2) applies to the calculation of the accommodation charge top-up supplement for care recipients in residential aged care facilities under the Aged Care Act 1997. This determination specifically addresses the financial aspect of the subsidy provided to eligible individuals who require residential aged care services. It outlines the methodology for determining the amount of the top-up supplement based on the difference between the maximum daily accommodation charge payable by a care recipient without an income support payment and the reduced charge applicable to post-2008 reform residents receiving income support payments. The determination is applicable to all care recipients who meet the criteria set out within the Aged Care Act 1997. The application of this legislation is primarily within the Commonwealth jurisdiction, as it is a legislative instrument made under the authority of the Aged Care Act 1997. Any exclusions or exemptions are detailed within the Aged Care Act itself, rather than this specific determination. This determination extends its application through the Aged Care Act 1997, and any subsequent amendments or modifications to the determination are incorporated within the legislative framework of the Act.

Key Provisions

The main operative sections of the Aged Care (Residential care subsidy—amount of accommodation charge top-up supplement) Determination 2008 (No. 2) (the Determination) provide for the calculation of the amount of accommodation charge top-up supplement for care recipients in residential aged care facilities. Specifically, section 5 sets out the formula for calculating the top-up supplement, which is the difference between the maximum daily accommodation charge payable by the care recipient if they were not receiving an income support payment and the maximum daily accommodation charge payable by a post-2008 reform resident who was receiving an income support payment. However, if the calculated amount is negative or the care recipient is on pre-entry leave, the top-up supplement is $0.00. The Determination also revokes a previous version of the Determination made on 17 March 2008. The Determination imposes obligations on aged care providers to calculate and charge the correct amount of accommodation charge top-up supplement to eligible care recipients. Providers must ensure that the top-up supplement is calculated in accordance with the formula set out in section 5 of the Determination and that it is charged to the care recipient or their nominated representative. The Determination also requires providers to maintain records of the top-up supplement charged to each care recipient for a minimum of seven years. Breach of the Determination may result in civil or criminal penalties, depending on the nature and severity of the breach. For example, section 125 of the Aged Care Act 1997 provides for civil penalties of up to $22,200 for each day of non-compliance with the Act or any determination made under it. In addition, section 127 of the Act provides for criminal penalties of up to $165,000 and/or imprisonment for up to two years for intentional or reckless non-compliance with the Act or any determination made under it. The maximum penalties may be higher for corporate entities. It is important for aged care providers to ensure compliance with the Determination to avoid these potential penalties. In summary, the Aged Care (Residential care subsidy—amount of accommodation charge top-up supplement) Determination 2008 (No. 2) sets out the formula for calculating the amount of accommodation charge top-up supplement for care recipients in residential aged care facilities, imposes obligations on aged care providers to charge the correct amount, and provides for civil and criminal penalties for non-compliance.

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