Aged Care (Residential Care Subsidy - Homeless Supplement Amount) Determination 2013

Administered by Department of Social Services

Legislation au F2013L01984 Not in force Legislative Instrument

Legislation content

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

Overview

The Aged Care (Residential Care Subsidy - Homeless Supplement Amount) Determination 2013 was enacted to address the need for additional funding to support aged care providers in caring for individuals with a history of, or at risk of, homelessness. This determination was introduced under the Aged Care Act 1997, with the policy objective of providing a financial supplement to residential aged care providers to account for the additional care needs of this vulnerable group. The determination sets the homeless supplement amount at $15 per day for each eligible care recipient, recognising the increased costs associated with providing care to these individuals. This legislative instrument was developed in consultation with relevant service providers and is designed to enhance the quality of care provided to those with a history of homelessness, thereby promoting their health and wellbeing. The determination also serves to repeal the previous Aged Care (Residential Care Subsidy – Transitional Homeless Supplement Amount) Determination 2013, ensuring a streamlined and updated approach to funding. The Aged Care (Residential Care Subsidy - Homeless Supplement Amount) Determination 2013 is compatible with human rights, particularly the right to health, by providing necessary support to aged care providers and ensuring the highest attainable standard of care for individuals with a history of homelessness.

Scope and Application

The Aged Care Act 1997 governs the regulation and funding of aged care services in Australia, providing for the subsidy payments made to approved providers who deliver care to approved recipients. The Aged Care (Residential Care Subsidy - Homeless Supplement Amount) Determination 2013, which is a legislative instrument under the Aged Care Act 1997, establishes the amount of the homeless supplement to be paid to approved providers for each eligible care recipient. This supplement, set at $15 per day, acknowledges the additional costs incurred in providing care to individuals with a history of, or at risk of, homelessness. The Determination applies to approved providers and eligible care recipients across Australia, providing them with financial assistance intended to maintain the quality of care. The Determination repeals the previous Aged Care (Residential Care Subsidy – Transitional Homeless Supplement Amount) Determination 2013 and is compatible with human rights, particularly the right to health and an adequate standard of living.

Key Provisions

The Aged Care (Residential Care Subsidy - Homeless Supplement Amount) Determination 2013 establishes the level of funding provided through the homeless supplement, setting it at $15 per day for each eligible care recipient under section 6 (see Attachment). This determination is made under the Aged Care Act 1997 and aims to support providers who care for individuals with a history of or at risk of homelessness. The supplement is intended to help maintain the standard of care for residential aged care recipients by recognising the additional costs associated with such care. The Act imposes obligations on approved providers and care recipients to ensure eligibility for the homeless supplement. Approved providers must meet the criteria specified in the Residential Care Subsidy Principles 1997 and ensure that their care recipients qualify under the same. Care recipients must have a documented history of or be at risk of homelessness to be eligible for the supplement. The Act also mandates that the supplement amount is determined by the Minister and communicated to the providers through legislative instruments such as this determination. Breaches of the obligations imposed by the Act could result in civil or administrative penalties. For instance, if an approved provider knowingly provides false information to claim the supplement, they may face penalties under the Aged Care Act 1997. Such penalties can include fines and other sanctions that may affect their ability to operate as an approved provider. Additionally, failure to comply with the requirements for determining and paying the supplement could lead to recovery actions by the Commonwealth.

Legal classification tags

Area of Law
Social Services
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Compliance Obligations

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.