Residential Care Subsidy Amendment Principles 1999 (No. 2)

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Residential Care Subsidy Amendment Principles 1999 (No. 2)

I, Bronwyn Kathleen Bishop, Minister for Aged Care, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.

Dated 20 October  1999.

BRONWYN BISHOP

Minister for Aged Care

Residential Care Subsidy Amendment Principles 1999 (No. 2)

made under the

Aged Care Act 1997

Contents

 Page

 1 Name of Principles 

 2 Commencement 

 3 Amendment of Residential Care Subsidy Principles 1997

Schedule 1 Amendments 

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1 Name of Principles

  These Principles are the Residential Care Subsidy Amendment Principles 1999 (No. 2).

2 Commencement

  These Principles commence on the commencement of Schedule 1 of the Aged Care Amendment (Omnibus) Act 1999.

3 Amendment of Residential Care Subsidy Principles 1997

  Schedule 1 amends the Residential Care Subsidy Principles 1997.

Schedule 1 Amendments

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(section 3)

[1] Section 21.3, note

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[2] After Part 5

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Part 5A Charge exempt resident supplement

21.13A Purpose of Part (Act s 44-8A)

 (1) This Part specifies matters, for paragraph 44‑8A (4) (c) of the Act, on the basis of which the Minister may determine different amounts (including nil amounts) of the charge exempt resident supplement for a particular day.

 (2) This Part also specifies circumstances in which, for subsection 44‑8A (5) of the Act, the charge exempt resident supplement is not payable to a provider.

 (3) This Part also specifies persons, for subsection 44‑8A (6) of the Act, to whom the Secretary must pay charge exempt resident supplement in certain circumstances.

21.13B Matters for determining supplement

  For the purposes of paragraph 44‑8A (4) (c) of the Act, the following matters are specified:

 (a) the amount by which the maximum rate of concessional resident supplement is greater than $12.17;

 (b) if the care recipient has paid an accommodation charge as an assisted resident — the amount of the difference between the charge exempt resident supplement and the rate of concessional resident supplement paid to the provider.

21.13C Circumstances in which supplement is not payable to provider

 (1) For the purposes of subsection 44‑8A (5) of the Act, the following circumstances are specified:

 (a) the provider:

 (i) uses its best endeavours to find the care recipient or, if the care recipient is deceased, the care recipient’s legal representative or another person specified in these Principles for paragraph 44-8A (6) (a) of the Act; and

 (ii) cannot find a person mentioned in subparagraph (i);

 (b) the Secretary imposes a sanction, under section 66-1 of the Act, on the provider;

 (c) the Secretary is to refund the amount to the care recipient, or to another person specified in these Principles for paragraph 44-8A (6) (a) of the Act.

 (2) If the Secretary makes a determination under subsection 44‑8A (5) of the Act, in a circumstance specified in subsection (1), the Secretary must give written notice of the determination to the provider.

21.13D Persons to whom supplement may be paid

  For the purposes of paragraph 44‑8A (6) (a) of the Act, the following persons are specified:

 (a) an executor of the care recipient’s estate;

 (b) a person appointed by a state or territory guardianship board (however described) to deal with the care recipient’s estate;

 (c) an authorised nominee of the care recipient;

 (d) a person who holds an enduring power of attorney for the care recipient.

[3] Section 21.14

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21.14 Purpose of Part (Act s 44-10)

 (1) This Part specifies how the value of a person’s assets is to be worked out for the definitions of assisted resident, charge exempt resident and concessional resident.

 (2) The value of the person’s assets is also used to work out:

 (a) the maximum amount of an accommodation bond under section 57‑12 of the Act (see subsection 57‑12 (4) of the Act); and

 (b) the maximum daily accrual amount of an accommodation charge under section 57A‑6 of the Act (see subsection 57A‑6 (3) of the Act).

[4] Subsection 21.15 (6)

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[5] Subsection 21.32B (3), at the foot

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Note 1   Paragraph 8 (8) (zn) of the Social Security Act 1991 and para 5H (8) (nc) of the Veterans’ Entitlements Act 1986 describe how, for the purposes of each Act, income is defined for a person who is accruing a liability to pay an accommodation charge.

Note 2   Subsection 5L (6A) of the Veterans’ Entitlements Act 1986 describes how, for the purposes of that Act, assets are defined for a person who is accruing a liability to pay an accommodation charge.

Note 3   Section 16 of the Social Security Act 1991 and s 17A of the Veterans’ Entitlements Act 1986 describe how, for the purposes of each Act, income is defined in relation to a person who first became a charge exempt resident before the commencement of Sch 1, 2 and 3 to the Aged Care Amendment (Omnibus) Act 1999.