Aged Care (Residential Care Subsidy—Amount of Concessional Resident Supplement) Determination 2013 (No. 2)

Administered by Department of Social Services

Legislation au F2013L01713 Not in force Legislative Instrument

Legislation content

Aged Care (Residential Care Subsidy—Amount of Concessional Resident Supplement) Determination 2013 (No. 2)

as amended

made under subsection 44‑6(4) 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 Concessional Resident 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 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

4 Definitions

5 Amount of concessional resident supplement

6 Amount of concessional resident 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 Concessional Resident Supplement) Determination 2013 (No. 2).

4  Definitions

  In this Determination:

Act means the Aged Care Act 1997.

new resident has the meaning given by section 21.11B of the Residential Care Subsidy Principles 1997.

relevant residential care service, for a care recipient who is a concessional resident, means the residential care service that provides residential care (other than respite care) to the care recipient on a day.

5  Amount of concessional resident supplement

  For subsection 44-6(4) of the Act, the amount of concessional resident supplement for a day is:

 (a) for a care recipient who is a concessional resident:

 (i) if, on the day, more than 40% of the new residents to whom the relevant residential care service provides residential care (other than respite care) are supported residents, concessional residents or assisted residents—$20.51; and

 (ii) in any other case—$13.41; and

 (b) for a care recipient who is an assisted resident—$8.45.

6  Amount of concessional resident 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) For subsection 44-6(4) of the Act, the amount of the concessional resident supplement for a day on which the care recipient is 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)
/sub-subparagraph(s)

 

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Aged Care (Residential Care Subsidy—Amount of Concessional Resident Supplement) Determination 2013 (No. 2)

19 Sept 2013 (see F2013L01713)

20 Sept 2013

 

Residential Care Subsidy Amendment (Leave from Care) Determination 2013

23 Dec 2013 (see F2013L02182)

Sch 4: 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]

 

 

Overview

The Aged Care (Residential Care Subsidy—Amount of Concessional Resident Supplement) Determination 2013 (No. 2) was enacted to specify the amount of the concessional resident supplement under the Aged Care Act 1997, addressing the need for clear guidelines on the financial support provided to concessional and assisted residents in residential care facilities. The legislation was enacted by the Parliament of Australia and aims to ensure that the financial assistance provided to care recipients is consistent and transparent. This Determination outlines the specific amounts payable for different categories of care recipients, including those who are concessional residents and those on pre-entry leave. The legislation was prepared for compilation on 30 January 2014, reflecting any amendments up to that date, and includes details of the legislation history, amendment history, and other relevant notes in the endnotes.

Scope and Application

The Aged Care (Residential Care Subsidy—Amount of Concessional Resident Supplement) Determination 2013 (No. 2) applies to the aged care sector, specifically to care recipients in residential care services who are eligible for a concessional resident supplement under the Aged Care Act 1997. This includes both concessional residents and assisted residents. The Determination sets the amounts for the concessional resident supplement, which is a financial subsidy provided to eligible care recipients to help cover the cost of their residential care. The Determination specifies different amounts for concessional residents based on the proportion of supported, concessional, or assisted residents in the residential care service, as well as a fixed amount for assisted residents. The Determination is a legislative instrument made under the Aged Care Act 1997 and has a national jurisdictional reach, applying across Australia. The scope of the Determination can be further extended or refined through subordinate instruments, although none are noted in this particular determination. The amounts specified are subject to change through amendments to the Determination, as evidenced by the subsequent amendment in 2013 concerning care recipients on pre-entry leave.

Key Provisions

The Aged Care (Residential Care Subsidy—Amount of Concessional Resident Supplement) Determination 2013 (No. 2) sets out the amounts of the concessional resident supplement for care recipients in residential care services. Section 5 outlines the amount of the concessional resident supplement for a day, which varies based on the proportion of new residents who are supported, concessional, or assisted residents in the care service. Specifically, if more than 40% of new residents are in these categories, the supplement is $20.51 per day for a concessional resident and $8.45 for an assisted resident; otherwise, the supplement is $13.41 for a concessional resident and $8.45 for an assisted resident. Section 6 provides that the concessional resident supplement for a care recipient on pre-entry leave is $0.00 for the day they are on leave. The Act imposes specific obligations on residential care services to determine the correct amount of the concessional resident supplement based on the proportion of new residents who are supported, concessional, or assisted. Services must ensure that they accurately calculate and apply the appropriate supplement amount to each care recipient according to the provisions of the Determination. This includes maintaining records to demonstrate compliance with the requirements regarding the calculation and application of the supplement. The legislation does not explicitly state offences or penalties for non-compliance with the supplement amounts specified in the Determination. However, under the Aged Care Act 1997, failure to comply with the requirements for the residential care subsidy could potentially lead to civil or administrative penalties, including financial penalties or corrective actions imposed by the relevant authorities. The exact penalties would depend on the specific nature of the non-compliance and the provisions of the Aged Care Act 1997.

Legal classification tags

Area of Law
Elder Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Amount of concessional resident supplement
Reporting & Disclosure Obligations

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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.