Aged Care (Residential care subsidy - amount of charge exempt resident supplement) Determination 2008

Administered by Department of Social Services

Legislation au F2008L00907 Not in force Legislative Instrument

Legislation content

Aged Care (Residential care subsidy—amount of charge exempt resident supplement) Determination 2008

as amended

made under paragraph 44-8A(3)(b) 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 charge exempt resident supplement) Determination 2008 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 charge exempt resident supplement

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 charge exempt resident supplement) Determination 2008

2  Commencement

  This Determination commences on 20 March 2008.

3  Revocation

  The Determination made by the Minister on 29 June 2007 (ACA Ch. 3 No. 8/2007) under paragraph 44‑8A(3)(b) of the Act is revoked.

4  Definitions

  In this Determination:

accommodation supplement means an amount payable for a care recipient under subsection 44‑5A (3) of the Act.

Act means the Aged Care Act 1997.

applicable maximum rate has the meaning given by step 1 in section 4 of the Aged Care (Residential care subsidy—amount of accommodation supplement) Determination 2008.

concessional resident supplement means an amount payable for a care recipient under subsection 44‑6 (4) of the Act.

5  Amount of charge exempt resident supplement

 (1) For paragraph 44-8A(3)(b) of the Act, the charge exempt resident supplement for a day is:

 (a) for a care recipient who is a pre-2008 reform resident – the maximum rate of concessional resident supplement less the actual amount of concessional resident supplement payable for the care recipient for the day; or

 (b) for a care recipient who is on pre-entry leave—$0.00; or

 (c) in any other case—the applicable maximum rate of accommodation supplement for the care recipient on the day less the actual amount of accommodation supplement payable for the care recipient for the day.

 (2) For the purposes of paragraph 5(1)(b), 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 charge exempt resident supplement) Determination 2008

19 Mar 2008 (see F2008L00907)

20 Mar 2008

 

Residential Care Subsidy Amendment (Leave from Care) Determination 2013

23 Dec 2013 (see F2013L02182)

Sch 5: 1 Jan 2014

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 5.....................

rs F2013L02182

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

 

 

Overview

The Aged Care (Residential care subsidy—amount of charge exempt resident supplement) Determination 2008, as amended, was enacted to provide a clear framework for determining the amount of charge exempt resident supplement for aged care residents under the Aged Care Act 1997. This legislative instrument, made under paragraph 44-8A(3)(b) of the Act, aims to ensure the accurate calculation and payment of supplements for residential care charges, thereby addressing any gaps in the provision of residential care subsidies. The Determination was issued by the Minister for Aged Care under the authority of the Aged Care Act 1997 and commenced on 20 March 2008. The primary policy objective is to support the equitable provision of residential care services by establishing a consistent method for calculating the supplements that are exempt from charges for eligible residents.

Scope and Application

The Aged Care (Residential care subsidy—amount of charge exempt resident supplement) Determination 2008 applies to the calculation of the charge exempt resident supplement for care recipients in residential aged care facilities under the Aged Care Act 1997. This legislation sets out the specific amount of charge exempt resident supplement payable for each type of care recipient, which is either a pre-2008 reform resident, a care recipient on pre-entry leave, or any other care recipient. The Determination applies to the Commonwealth of Australia and is relevant to aged care providers, care recipients, and possibly their families or guardians. It provides a clear framework for the calculation of the supplement, which is intended to assist in the cost of residential care by exempting a portion of the charge for eligible residents. The application of this Determination is extended and refined through subordinate instruments, as noted in the endnotes detailing the legislation and amendment history.

Key Provisions

The main provisions of the Aged Care (Residential care subsidy—amount of charge exempt resident supplement) Determination 2008 (the Determination) relate to the calculation and payment of the charge exempt resident supplement for residential aged care (section 5). The charge exempt resident supplement is the amount that a care recipient does not need to pay towards their care costs for a day, as a result of being exempt from paying certain charges. The amount of the supplement depends on whether the care recipient is a pre-2008 reform resident, on pre-entry leave, or in another case (subsection 5(1)). For pre-2008 reform residents, the supplement is the difference between the maximum rate of concessional resident supplement and the actual amount of concessional resident supplement payable (subsection 5(1)(a)). For care recipients on pre-entry leave, the supplement is $0.00 (subsection 5(1)(b)). For all other care recipients, the supplement is the difference between the applicable maximum rate of accommodation supplement and the actual amount of accommodation supplement payable (subsection 5(1)(c)). The Determination imposes obligations on aged care providers to calculate and pay the charge exempt resident supplement correctly for each care recipient. Aged care providers must determine whether a care recipient is a pre-2008 reform resident, on pre-entry leave, or in another case, and calculate the supplement accordingly. The Determination also requires aged care providers to ensure that the supplement is paid to the care recipient or their representative, as applicable. Failure to comply with these obligations may result in legal consequences. The Determination does not explicitly set out offences, penalties, or consequences for breach. However, breaches of the Aged Care Act 1997 (the Act) or any regulations made under the Act may result in civil or criminal penalties, depending on the nature and severity of the breach. For example, providing substandard care or engaging in unlawful discrimination or harassment may result in fines, imprisonment, or both. The Act also provides for the recovery of costs and damages for harm caused by breaches. The maximum penalties for offences under the Act vary depending on the specific offence and jurisdiction, but can include fines of up to $165,000 for individuals and $825,000 for bodies corporate, as well as imprisonment for up to five years.

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Aged Care Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.