Aged Care (Residential care subsidy—amount of hardship supplement) Determination 2009 (No. 1)
as amended
made under subsection 44‑30(5) 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 hardship supplement) Determination 2009 (No. 1) as in force on 1 January 2014. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 29 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 hardship supplement—members of eligible classes of people
6 Amount of hardship supplement—care recipients for whom a determination is in place under section 44‑31 of the Act
7 Amount of hardship supplement—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 hardship supplement) Determination 2009 (No. 1).
2 Commencement
This Determination commences on 20 September 2009.
3 Revocation
The following determinations made on 28 May 1998 are revoked:
(a) Aged Care Act 1997—Determination under subsection 44‑30(5), also known as ACA No. 1/1998 and F2008B00267; and
(b) Aged Care Act 1997—Determination under subsection 44‑30(5)(a) also known as ACA No. 2/1998 and F2008B00268.
4 Definitions
In this Determination:
Act means the Aged Care Act 1997.
Principles means the Residential Care Subsidy Principles 1997.
Note: A number of expressions used in this Determination are defined in the Aged Care Act 1997 (see Dictionary in Schedule 1), including: total assessable income; standard resident contribution; and pensioner supplement.
5 Amount of hardship supplement—members of eligible classes of people
The hardship supplement for a care recipient who is a member of a class specified in a paragraph of subsection 21.37(1) of the Principles is the amount specified in the following table.
Item | Paragraph | Amount |
1 | (a) | The difference (worked out on a per day basis) between: (i) the applicable rate of standard resident contribution for the care recipient; and (ii) an amount equal to 84% of the sum of: (A) the care recipient’s total assessable income; (B) the maximum family tax benefit entitlement for a person of the care recipient’s age under the A New Tax System (Family Assistance) Act 1999; and (C) any youth disability supplement payable for the care recipient under the Social Security Act 1991. |
2 | (b) | The difference (worked out on a per day basis) between: (i) the applicable rate of standard resident contribution for the care recipient; and (ii) an amount equal to 84% of the sum of: (A) the care recipient’s total assessable income; (B) the maximum family tax benefit entitlement for a person of the care recipient’s age under the A New Tax System (Family Assistance) Act 1999; and (C) any youth disability supplement payable for the care recipient under the Social Security Act 1991. |
3 | (c) | The lesser of the following: (i) the sum of: (A) the basic income support compensation (BISC); and (B) the pharmaceutical allowance compensation (PAC); and (C) the pharmaceutical concessions compensation (PCC), where: BISC is the amount (rounded to the nearest 5 cents) worked out in accordance with the following formula: X – Y 28 where: X is $1774.42. Y is the care recipient’s total assessable fortnightly income. PAC is $0.40. PCC is $1.40. (ii) the difference between: (A) the rate of standard resident contribution under section 58‑3C of the Act; and (B) the rate of standard resident contribution under section 58‑4 of the Act. |
4 | (d) | The sum of: (i) the basic income support compensation (BISC); and (ii) the pharmaceutical allowance compensation (PAC); and (iii) the pharmaceutical concessions compensation (PCC), where: BISC for a care recipient is an amount equal to the amount of Residential Care Allowance the care recipient was receiving on the day before 1 October 1997, as advised by Centrelink, indexed in line with the pensioner supplement. PAC is $0.40. PCC is $1.40. |
5 | (e) | $0.80 |
6 Amount of hardship supplement—care recipients for whom a determination is in place under section 44‑31 of the Act
The hardship supplement for a care recipient for whom a determination is in force under section 44‑31 of the Act is the difference between:
(a) the maximum daily amount of standard resident contribution for the care recipient referred to in subsection 58‑3(1), 58‑3B(3), 58‑3C(3) or 58‑4(4) of the Act (as the case requires); and
(b) such lesser amount of standard resident contribution (worked out on a per day basis) that the Secretary has determined having regard to the matters specified in section 21.39 of the Principles.
Examples of amounts to which the Secretary may have regard when determining the lesser amount of standard resident contribution include additional costs of pharmaceuticals or continence aids for the care recipient.
7 Amount of hardship supplement—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) During any period of pre‑entry leave, the amount of the hardship supplement 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 or Gazettal | Commencement | Application, saving and transitional provisions |
Aged Care (Residential care–subsidy—amount of hardship supplement) Determination 2009 (No. 1) | 18 Sept 2009 (see F2009L03556) | 20 Sept 2009 |
|
Residential Care Subsidy Amendment (Leave from Care) Determination 2013 | 23 Dec 2013 (see F2013L02182) | Sch 2: 1 Jan 2014 | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 7..................... | ad F2013L02182 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]