Aged Care (Residential Care Subsidy - Amount of Transitional Supplement) Determination 2013 (No. 2)

Administered by Department of Social Services

Legislation au F2013L01721 Not in force Legislative Instrument

Legislation content

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

as amended

made under subsection 44-16(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 Transitional 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 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

4 Definitions

5 Amount of transitional supplement

6 Amount of transitional 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 Transitional Supplement) Determination 2013 (No. 2).

4  Definitions

  In this Determination:

Act means the Aged Care Act 1997.

transitional supplement has the same meaning as in section 21.25C of the Residential Care Subsidy Principles 1997.

5  Amount of transitional supplement

  For subsection 44-16(3) of the Act, the amount of the transitional supplement is $20.51.

6  Amount of transitional 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) During any period of pre-entry leave, the amount of the transitional 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)
/sub-subparagraph(s)

 

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Aged Care (Residential Care Subsidy‑Amount of Transitional Supplement) Determination 2013 (No. 2)

19 Sept 2013 (see F2013L01721)

20 Sept 2013

 

Residential Care Subsidy Amendment (Leave from Care) Determination 2013

23 Dec 2013 (see F2013L02182)

Sch 7: 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 Transitional Supplement) Determination 2013 (No. 2) was enacted to address the issue of setting the amount of the transitional supplement for residential aged care under the Aged Care Act 1997. This legislative instrument was made by the Governor-General under subsection 44-16(3) of the Aged Care Act 1997 and aims to provide clarity and consistency in the calculation and payment of the transitional supplement to eligible care recipients. The policy objective behind this legislation is to ensure that aged care recipients receive the appropriate financial support during their transition to residential care, thereby alleviating some of the financial burdens associated with aged care services. The determination specifies the amount of the transitional supplement as $20.51 and includes provisions for adjustments during periods of pre-entry leave, ensuring that care recipients are not unfairly disadvantaged during transitional phases.

Scope and Application

The Aged Care (Residential Care Subsidy—Amount of Transitional Supplement) Determination 2013 (No. 2) applies to the residential care subsidy provided under the Aged Care Act 1997, setting the amount of the transitional supplement for care recipients. This determination specifically governs the financial supplement provided to eligible individuals receiving residential care in Australia. It applies to care recipients who are receiving or are to receive the residential care subsidy, and it is relevant to entities such as aged care providers who offer residential care services and are recipients of the subsidy. The geographic reach of this legislation is nationwide, as it pertains to the Australian aged care system which operates under federal law. This Determination does not explicitly state exclusions, exemptions, or thresholds, but it is part of a broader legislative framework that may include such provisions in other parts of the Aged Care Act 1997 or related instruments. The application and specifics of the legislation can be further extended or restricted through subordinate instruments, although none are noted in this particular determination.

Key Provisions

The main sections of the Aged Care (Residential Care Subsidy—Amount of Transitional Supplement) Determination 2013 (No. 2) set forth the amount of the transitional supplement for residential care under the Aged Care Act 1997. Section 5 of the Determination specifies that the amount of the transitional supplement is $20.51, while Section 6 clarifies that the supplement is set at $0.00 for any period during which a care recipient is on pre-entry leave. These sections provide clear guidelines on the financial support available for aged care recipients in residential settings, with a specific provision for those temporarily absent from care. The Act imposes obligations on various parties, including care providers and the government. Care providers must ensure that the correct amount of subsidy is calculated and paid to eligible recipients based on the provisions of the Determination. This includes correctly applying the $0.00 rate for transitional supplements during periods of pre-entry leave as outlined in Section 6. The government, through the Department of Health, is responsible for administering and enforcing these provisions to ensure compliance and proper distribution of funds. There are no explicit offences, penalties, or civil/criminal consequences detailed within the text of the Determination itself. However, breaches of the Aged Care Act 1997, which the Determination supports, could lead to enforcement actions by the Department of Health. These actions might include fines, corrective measures, or other administrative penalties as prescribed by the overarching Act. The specific penalties would depend on the nature and severity of the breach, as outlined in the Aged Care Act 1997.

Legal classification tags

Area of Law
Aged Care Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Amount of transitional supplement
Repeal & Amendment

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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.