Aged Care (Residential Care Subsidy—Amount of Accommodation Supplement) Determination 2013 (No. 2)
as amended
made under subsection 44-5A(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 Supplement) Determination 2013 (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 31 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
4 Definitions
5 Method to work out the amount of accommodation supplement
6 Amount of accommodation supplement for care recipients on pre-entry leave
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]
1 Name of Determination
This Determination is the Aged Care (Residential Care Subsidy—Amount of Accommodation Supplement) Determination 2013 (No. 2).
4 Definitions
In this Determination:
Act means the Aged Care Act 1997.
minimum permissible asset value, for a supported resident, has the same meaning as in subsection 57‑12(3) of the Act for that resident.
new resident has the meaning given by section 21.11B of the Principles.
Principles means the Residential Care Subsidy Principles 1997.
Note: A number of expressions used in this Determination are defined in the Act, including:
- assisted resident
- concessional resident
- residential care
- residential care service
- respite care
- supported resident.
5 Method to work out the amount of accommodation supplement
The amount of accommodation supplement payable for a supported resident is worked out in the following way.
Step 1 | For each day after 19 September 2013, the maximum rate of the accommodation supplement (the applicable maximum rate) for a supported resident in a residential care service is: (a) if on the day the service meets the building requirements mentioned in section 21.11B of the Principles—$33.55 or; (b) if on the day the service does not meet those requirements—$28.20. |
Step 2 | The notional accommodation supplement payable is the applicable maximum rate if: (a) a determination mentioned in paragraph 57-14(1)(a) or 57A-9(1)(a) of the Act applies to the supported resident; or (b) the value of the assets of the supported resident is less than the minimum permissible asset value. |
Step 3 | If Step 2 does not apply, the notional accommodation supplement payable for the supported resident is: where: A is: (a) if the Secretary makes a determination about the supported resident under paragraph 57-14(1)(b) of the Act—the sum of: (i) the maximum amount of bond that the Secretary has determined may be charged; and |
| (ii) the minimum permissible asset value; or (b) if the Secretary makes a determination about the supported resident under paragraph 57A-9(1)(b) of the Act—the sum of: (i) the maximum amount of charge that the Secretary has determined multiplied by 2080; and (ii) the minimum permissible asset value; or (c) in any other case—the value of the supported resident’s assets at the time when he or she entered the residential care service or at another time specified in the Principles for paragraph 44-5B(1)(c) of the Act. AMR is the applicable maximum rate of accommodation supplement for the supported resident. NAS is the notional accommodation supplement. T (threshold) is the minimum permissible asset value. |
Step 4 | The accommodation supplement payable for the supported resident will be: (a) equal to the notional accommodation supplement payable for the supported resident if, on a day for which accommodation supplement is payable, either of the following (the specified circumstances) apply: (i) more than 40% of the residents to whom the service provides residential care (other than respite care), who are both post-2008 reform residents and new residents, are supported residents; (ii) more than 40% of the new residents to whom the service provides residential care (other than respite care) are supported residents, concessional residents or assisted residents; or (b) equal to 75% of the notional accommodation supplement payable for the supported resident if neither of the specified circumstances apply. |
Note: If the value of the person’s assets exceeds the maximum asset threshold determined under paragraph 44‑5B(1)(c) of the Act, the person will not be eligible for an accommodation supplement because he or she will not be a supported resident (unless there is a determination in force under section 57-14 or 57A-9 in respect of the person and the person is a post‑2008 reform resident—see subsection 44‑5B(2) of the Act).
6 Amount of accommodation supplement 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) The amount of accommodation supplement payable for a supported resident on pre-entry leave is $0.00.
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 Supplement) Determination 2013 (No. 2) | 19 Sept 2013 (see F2013L01715) | 20 Sept 2013 |
|
Residential Care Subsidy Amendment (Leave from Care) Determination 2013 | 23 Dec 2013 (see F2013L02182) | Sch 3: 1 Jan 2014 | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 2..................... | rep LIA s 48D |
s 3..................... | rep LIA s 48C |
s 6..................... | ad F2013L02182 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]