Aged Care (Residential care subsidy - amount of respite supplement) Determination 2008

Administered by Department of Health, Disability and Ageing

Legislation au F2008L00910 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Ageing

 

Aged Care Act 1997

 

Aged Care (Residential care subsidy – amount of respite supplement)

Determination 2008

 

The Aged Care Act 1997 (the Act) provides for the funding of aged care services.  Persons who are approved under the Act to provide residential aged care services (approved providers) can be eligible to receive residential care subsidy payments in respect of the care they provide to approved care recipients. 

 

Subsection 44-12(3) of the Act provides that the Minister may determine, by legislative instrument, the amount of the respite supplement.

 

The respite supplement is an additional daily amount that is paid to services for each respite care recipient occupying a place in the service on that day.

 

All care recipients who meet the requirements of subsection 44-12(2) of the Act are eligible for the respite supplement. 

 

This determination revokes and replaces the Aged Care (Residential care subsidy – amount of respite supplement) Determination 2007.

 

The only difference between the revoked determination and this determination is that this determination increases the amount of the respite supplement to be paid in cases where the respite care is provided by a residential care service from 20 March 2008.

 

This determination provides that:

 

  • for a care recipient with a low level care classification who is receiving residential care through:

                  a certified residential care service, the amount of respite supplement for the day is $30.50; and

                  a residential care service that is not certified, the amount of respite supplement for the day is $23.77.

 

  • for a care recipient with a high level care classification who is receiving residential care through:

 

                  a certified residential care service, the amount of respite supplement for the day is $42.75.  If, for a relevant year, the actual proportion of respite care provided is equal to or greater than 70% of the specified proportion of respite care for the approved provider of the residential care service, the approved provider receives an additional $29.98; and

 

                  a residential care service that is not certified, the amount of respite supplement for the day is $36.01.  If, for a relevant year, the actual proportion of respite care provided through the residential care service is equal to or greater than 70% of the specified proportion of respite care for the approved provider of the residential care service, the approved provider receives an additional $29.98.

 

The respite supplement will be indexed on 20 March and 20 September each year.  This represents a change from current indexation arrangements whereby indexation has occurred on 1 July each year.  The change is in line with the indexation arrangements for the new accommodation supplement.

 

This determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Consultation

The Department of Health and Ageing undertook extensive consultation on the policy that is implemented through the Aged Care Amendment (2008 Measures No. 1) Act 2008 which amends the Aged Care Act 1997.  This Determination results from these amendments.

 

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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.