Aged Care (Residential Care Subsidy – Amount of Viability Supplement) Determination 2005 (No. 2)

Administered by Department of Health, Disability and Ageing

Legislation au F2005L01725 Not in force Legislative Instrument

Legislation content

Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 2)

as amended

made under subsection 44–29 (8) of the

Aged Care Act 1997

This compilation was prepared on 20 April 2006
taking into account amendments up to Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 3)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1 Name of Determination [see Note 1]

 2 Commencement 

 3 Revocation of previous determination 

 4 Definitions 

 5 Amount of viability supplement for care recipient — 1997 scheme services             

 6 Amount of viability supplement for care recipient — 2001 scheme services             

 7 Amount of viability supplement for care recipient — 2005 scheme services             

 8 Safety net — former 1997 or 2001 scheme service 

Notes               

 

 

 

 

1 Name of Determination [see Note 1]

  This Determination is the Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 2).

2 Commencement

  This Determination commences on 1 July 2005.

3 Revocation of previous determination

  The Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 1) is revoked.

4 Definitions

  In this Determination:

1997 scheme service has the meaning given by section 21.34 of the Principles.

2001 scheme service has the meaning given by section 21.34 of the Principles.

2005 scheme service has the meaning given by section 21.34 of the Principles.

Principles means the Residential Care Subsidy Principles 1997, as in force from time to time.

5 Amount of viability supplement for care recipient — 1997 scheme services

 (1) For a care recipient to whom residential care is provided through a 1997 scheme service on a day, the amount of viability supplement for the day is the amount mentioned in the item in the following table that applies to the service on the day.

 

Item

Degree of Isolation

Number of places

Amount ($)

1

Isolated Remote Area

less than 16

21.07

2

Isolated Remote Area

more than 15 but less than 30

12.97

3

Isolated Remote Area

more than 29

1.28

4

Remote Centre

less than 16

10.05

5

Remote Centre

more than 15 but less than 30

7.14

6

Remote Centre

more than 29

1.28

7

Rural Outside Large Centre

less than 16

4.23

8

Rural Outside Large Centre

more than 15 but less than 30

1.28

9

Rural Outside Large Centre

more than 29

1.28

10

An area not mentioned in items 1 to 9

not applicable

1.28

 (2) In this section:

Classification means the Rural, Remote and Metropolitan Area Classification, 1991 Census Edition, AGPS 1994.

Isolated Remote Area means a Statistical Local Area classified as ‘Other Remote’ in the Classification.

number of places, for a residential care service, means the number of places allocated in respect of the residential care service.

Remote Centre means a Statistical Local Area classified as ‘Remote Centre’ in the Classification.

Rural Outside Large Centre means a Statistical Local Area classified as ‘Other Rural’ or ‘Small Rural Centre’ in the Classification.

6 Amount of viability supplement for care recipient — 2001 scheme services

  For a care recipient to whom residential care is provided through a 2001 scheme service on a day, the amount of viability supplement for the day is the amount mentioned in the item in the following table for the score attained by the service on the day under the scoring system set out in the table in subsection 21.35B (1) of the Principles.

 

Item

Score

Amount ($)

1

40

1.28

2

50

1.46

3

60

4.23

4

70

7.14

5

80

10.05

6

90

12.97

7

100

21.07

7 Amount of viability supplement for care recipient — 2005 scheme services

  For a care recipient to whom residential care is provided through a 2005 scheme service on a day, the amount of viability supplement for the day is the amount mentioned in the item in the following table for the score attained by the service on the day under the scoring system set out in the table in subsection 21.35C (1) of the Principles.

 

Item

Score

Amount ($)

1

50

2.04

2

55

3.06

3

60

4.59

4

65

5.60

5

70

8.15

6

75

10.19

7

80

12.74

8

85

15.29

9

90

17.83

10

95

19.87

11

100

22.42

8 Safety net — former 1997 or 2001 scheme service

 (1) This section applies in relation to a residential care service that, because of subsection 21.35C (3) or (4) of the Principles, is a 2005 scheme service if, on a day, the score attained by the service on the day under the scoring system set out in the table in subsection 21.35C (1) of the Principles is 40 or 45.

 (2) For a care recipient to whom residential care is provided through the service on the day, the amount of viability supplement is $1.28.

 

Notes to the Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 2)

Note 1

The Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 2) (in force under subsection 44–19 (8) of the Aged Care Act 1997) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 2)

28 June 2005 (see F2005L01725)

1 July 2005

 

Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 3)

1 Sept 2005 (see F2005L02409)

Ss. 1–3 and Schedule 1: 1 Jan 2005
Remainder: 1 July 2005

—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

S. 3.................

rs. 2005 No. 3

S. 8.................

ad. 2005 No. 3

 

 

Overview

The Aged Care (Residential Care Subsidy – Amount of Viability Supplement) Determination 2005 (No. 2), enacted in 2005, was introduced to address the need for consistent and transparent criteria for the calculation of the viability supplement in residential aged care services. This legislative instrument was made under the authority of subsection 44–29(8) of the Aged Care Act 1997 by the Commonwealth Parliament, with the policy objective of ensuring that the viability supplement for care recipients is fairly and appropriately determined based on the specific characteristics of the service provided, such as location and size. The Determination outlines the amount of the viability supplement for different care recipients based on the type of service they receive, aiming to provide a safety net and equitable support across various residential care settings.

Scope and Application

The Aged Care (Residential Care Subsidy — Amount of Viability Supplement) Determination 2005 (No. 2) applies to residential care services provided under the Aged Care Act 1997, specifically to care recipients receiving such services. This Determination sets out the viability supplement amounts for care recipients based on the type of service provided, the location of the service, and the score attained by the service under a specific scoring system. The Determination applies to services categorised under the 1997, 2001, and 2005 schemes, each with distinct criteria for determining the supplement amount. The geographic scope of this legislation is national, impacting residential care services across Australia. The Determination does not explicitly state exclusions or thresholds but is contingent on the classification of the service's location and its score. The application of this Determination can be extended or modified through subordinate instruments, as evidenced by the subsequent amendments (No. 3) which also fall under the Aged Care Act 1997.

Key Provisions

The Aged Care (Residential Care Subsidy – Amount of Viability Supplement) Determination 2005 (No. 2) sets out the amounts of viability supplement payable to care recipients in residential care facilities under the 1997, 2001, and 2005 schemes. Section 5 outlines the viability supplement amounts based on the degree of isolation and number of places in the facility for care recipients under the 1997 scheme. Section 6 provides the viability supplement amounts for care recipients under the 2001 scheme, which are determined by the score attained by the service under the scoring system. Section 7 provides the viability supplement amounts for care recipients under the 2005 scheme, which are also based on the score attained by the service under a different scoring system. Section 8 applies a safety net provision for former 1997 or 2001 scheme services, providing a fixed viability supplement amount of $1.28 for certain scores under the 2005 scheme. The Act imposes several obligations on the parties it governs. Care providers must accurately determine the viability supplement amounts payable to care recipients based on the applicable sections of the Determination and the scoring systems outlined. Care recipients, or their representatives, must ensure that the correct viability supplement amounts are being applied. Additionally, the Department of Health is responsible for overseeing the implementation of the Determination and ensuring compliance by care providers. Failure to comply with the provisions of the Determination may result in financial penalties. Section 21.35C(3) and (4) of the Principles outline the potential for financial penalties for non-compliance. However, the Determination itself does not specify the exact penalties for breach. In general, non-compliance with aged care regulations can result in fines and other penalties under the Aged Care Act 1997. The maximum penalties for offences under the Act can include substantial fines and, in some cases, imprisonment. For specific details on penalties, one would need to refer to the Aged Care Act 1997 and related regulations.

Legal classification tags

Area of Law
Elder Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards

Interactions

Authorises

All Versions

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.