EXPLANATORY STATEMENT
Issued by the authority of the Assistant Minister for Social Services
Aged Care Act 1997
Aged Care (Residential Care Subsidy - Homeless Supplement Amount) Determination 2013
The Aged Care Act 1997 (the Act) provides for the regulation and funding of aged care services. Persons approved under the Act to provide aged care services (approved providers) can be eligible to receive subsidy payments in respect of the care they provide to approved care recipients.
Section 96-1 of the Act allows the Minister to make Principles providing for various matters required or permitted by a Part or section of the Act. Among the Principles made under section 96-1 are the Residential Care Subsidy Principles 1997 (the Principles).
Part 3.1 of the Act relates to residential care subsidy. Residential care subsidy is a payment by the Commonwealth to approved providers for providing residential care to care recipients. Section 44-27 of the Act provides for the payment of other supplements. Supplements are paid to approved providers in respect of a payment period as part of residential care subsidy.
Section 44-27(e) of the Act states that the Principles may provide for additional other supplements.
Subsection 21.32H(1) of the Principles describes eligibility criteria for the homeless supplement. Subsection 21.32H(2) of the Principles provides that the Minister may determine, by legislative instrument, the amount of the homeless supplement, or the way in which the amount of the supplement is to be worked out.
The purpose of the Aged Care (Residential Care Subsidy - Homeless Supplement Amount) Determination 2013 (the Determination) is to set the level of funding provided through the homeless supplement.
The amount of homeless supplement payable in respect of a day for an eligible care recipient is $15. Details are set out in the Attachment.
The Determination also repeals the Aged Care (Residential Care Subsidy─Transitional Homeless Supplement Amount) Determination 2013. Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make any instrument of a legislative or administrative character, the power shall be construed as including a power to repeal any such instrument.
The Determination is a Legislative Instrument for the purposes of the Legislative Instruments Act 2003.
This Determination sets the amount of the homeless supplement in recognition of the additional costs of caring for people with a history of, or at risk of, homelessness.
Consultation
During the development of the Aged Care (Residential Care Subsidy - Transitional Homeless Supplement Amount) Determination 2013, consultation was undertaken in relation to the Transitional Homeless Supplement and the Homeless Supplement with representatives of a number of services that specialise in caring for people with a history of, or at risk of, homelessness. As this amendment is of a minor nature, no further specific consultation was undertaken prior to the development of this instrument.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that no Regulation Impact Statement is required (OBPR ID 15343).
Commencement
The Determination commences on the day after it is registered.
ATTACHMENT
Details of the Aged Care (Residential Care Subsidy - Homeless Supplement Amount) Determination 2013
Section 1 – Name of Determination
This section states that the determination is the Aged Care (Residential Care Subsidy - Homeless Supplement Amount) Determination 2013.
Section 2 – Commencement
This section states that this Determination commences on the day after it is registered.
Section 3 – Authority
This section states that this Determination is made under the Aged Care Act 1997 (the Act).
Section 4 – Repeal
This section repeals the Aged Care (Residential Care Subsidy – Transitional Homeless Supplement Amount) Determination 2013 also known as F2013L01285.
Section 5 – Definitions
This section defines the homeless supplement. The homeless supplement means the supplement referred to in section 21.32H of the Residential Care Subsidy Principles 1997.
Section 6 – Amount of homeless supplement
Section 5 states the amount of the homeless supplement that is payable in respect of a day for an eligible care recipient is $15. The intent of the homeless supplement is to support those providers providing care to people with a history of, or at risk of, homelessness.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Aged Care (Residential Care Subsidy - Homeless Supplement Amount) Determination 2013
The Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the International Instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The purpose of the Aged Care (Residential Care Subsidy - Homeless Supplement Amount) Determination 2013 (the Determination) is to set the level of funding provided through the homeless supplement at $15 per day for each eligible care recipient.
Human Rights Implications
The Legislative Instrument promotes the human right to health contained in article 12 of the International Covenant on Economic, Social and Cultural Rights. The Legislative Instrument engages the right of everyone to the enjoyment of the highest attainable standard of physical and mental health by ensuring that additional funding is provided to eligible providers providing care to people who have a history of, or are at risk of, homelessness. This helps to ensure that the standard of care and services provided to recipients of residential aged care services is maintained.
Conclusion
This Legislative Instrument is compatible with human rights as it promotes the human right to health and the right to an adequate standard of living.
Senator the Hon Mitch Fifield
Assistant Minister for Social Services