Residential Care Subsidy Amendment Principles 2004 (No. 1)
I, TONY ABBOTT, Minister for Health and Ageing, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 17 June 2004
TONY ABBOTT
Minister for Health and Ageing
1 Name of Principles
These Principles are the Residential Care Subsidy Amendment Principles 2004 (No. 1).
2 Commencement
These Principles commence on 1 July 2004.
3 Amendment of Residential Care Subsidy Principles 1997
Schedule 1 amends the Residential Care Subsidy Principles 1997.
Schedule 1 Amendments
(section 3)
[1] Section 21.3, boxed note
after
- high level of residential care
insert
- partner
[2] Section 21.32
substitute
21.32 Exclusions from determinations
(1) Subsection (2) applies to a person who has qualifying service under section 7A of the Veterans’ Entitlements Act 1986, or the partner of such a person.
(2) The amount specified is any amount of disability pension, paid to the person under the Veterans’ Entitlements Act 1986, that is exempt under section 5H of that Act.
Note Disability pension is defined under subsection 5Q (1) of the Veterans’ Entitlements Act 1986.
(3) Subsection (4) applies to a member or former member, within the meaning of the Military Rehabilitation and Compensation Act 2004, or the partner of such a member or former member.
(4) The following amounts are specified:
(a) any amount of compensation for permanent impairment paid to the member or former member under Part 2 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004;
(b) any amount of Special Rate Disability Pension paid to the member or former member under Part 6 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004.
[3] After subsection 21.32C (1)
insert
(1A) This section also applies to a person who is receiving a pension under Part 6 of Chapter 4, or a weekly amount of compensation under Part 2 of Chapter 5, of the Military Rehabilitation and Compensation Act 2004 at a rate determined under or by reference to the following provisions of that Act:
(a) for a person receiving a Special Rate Disability Pension — sections 198 and 204;
(b) for a person receiving a weekly amount of compensation for the death of the person’s partner — subsection 234 (5).
[4] Subsection 21.32C (2)
omit
pension
insert
pension, or the weekly amount of compensation,
[5] Subsection 21.32C (2)
omit
(1),
insert
(1) or (1A),
[6] Section 21.32C, after note 2
insert
Note 3 Part 6 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004 gives former members who are entitled to compensation for incapacity for work a choice to receive a Special Rate Disability Pension instead of compensation.
Note 4 Part 2 of Chapter 5 of the Military Rehabilitation and Compensation Act 2004 gives wholly dependent partners of deceased members an entitlement to compensation in respect of the death of the members. The compensation may be taken as a lump sum or as a weekly amount.