Aged Care Act 1997
Residential Care Subsidy Amendment Principles (No. 1) 1998
I, WARWICK LESLIE SMITH, Minister for Family Services, make the following Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 4 March 1998.
warwick smith
Minister for Family Services
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1. Commencement
1.1 These Principles are taken to have commenced on 1 March 1998.
2. Amendment
2.1 The Residential Care Subsidy Principles 19971 are amended as set out in these Principles.
3. Section 21.3 (Definitions)
3.1 Insert the following definition:
“approved care recipient means a person in respect of whom an approval under subsection 22‑1 (2) of the Act is in force.”.
4. Section 21.30 (The classes)
4.1 Omit the section, substitute:
21.30 Classes affected
“(1) The following classes of people are specified for subsection 44-22 (1) of the Act:
(a) approved care recipients, from the date of commencement of the provision of residential care:
(i) for a period of 28 days (including, if the care recipient has been on leave, as described in subsection 42‑3 (3) of the Act, the period of that leave); or
(ii) if the care recipient has been provided with less than 28 days residential care—the period for which the care was provided (including, if the care recipient has been on leave, as described in subsection 42‑3 (3) of the Act, the period of that leave);
(b) approved care recipients, each of whom leaves an aged care facility (without entering another) before the approved provider has been informed of the care recipient’s daily income tested reduction, if any, (worked out under subdivision 44‑E of Division 44, Part 3.1, Chapter 3 of the Act);
(c) approved care recipients, each of whom dies before the approved provider has been informed of the care recipient’s daily income tested reduction, if any;
(d) approved care recipients, each of whom has a dependent child;
(e) approved care recipients, each of whom is a person described in paragraph 85 (4) (b) of the Veterans’ Entitlements Act 1986 (that is, a former prisoner of war) and:
(i) on 30 September 1997 occupied a nursing home bed in a nursing home approved under section 40AA of the National Health Act 1953; or
(ii) has received a high level of residential care;
(f) approved care recipients, each of whom:
(i) is provided with residential care at any time after 30 September 1997 and before 1 March 1998; or
(ii) is, before 1 March 1998, on leave, as described in subsection 42-3 (3) of the Act.
“(2) Subsection (1) does not apply to a person at a time when paragraph 44.22 (1) (a) of the Act applies to the person.
Note Paragraph 44.22 (1) (a) of the Act provides that respite care recipients are taken to have a daily income tested reduction of zero.”.
5. New section 21.32B
5.1 After section 21.32A, insert:
21.32B Exclusion from determinations—rent receipts
“(1) This section applies to an approved care recipient for whom an accommodation charge is payable.
“(2) The amount specified is income received by the care recipient, or the care recipient’s partner, from rental of the care recipient’s principal home to another person.
“(3) In this section, accommodation charge means an amount of money that accrues daily and is paid or payable to an approved provider by the care recipient for the care recipient’s entry to a residential care service or flexible care service through which care is, or is to be, provided by the approved provider.”.
NOTE
1. Notified in the Commonwealth of Australia Gazette on 29 September 1997, as amended by the Residential Care Subsidy Principles Amendment (No. 1) 1997 notified in the Gazette on 3 November 1997.