Residential Care Subsidy Principles 1997

Residential Care Subsidy Principles 1997

as amended

made under subsection 96‑1 of the

Aged Care Act 1997

Compilation start date:  29 January 2014

Includes amendments up to: Residential Care Subsidy Amendment (Transitional Workforce Supplement) Principle 2014

About this compilation

This compilation

This is a compilation of the Residential Care Subsidy Principles 1997 as in force on 29 January 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 29 January 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

21.1 Citation

21.2 Commencement

21.3 Definitions

Part 1AA—Leave from residential care services

21.3AA Purpose of Part (Act, s 42‑2)

21.3AB Requirement—leave under subsection 42‑2(3A)

Part 1A—Determinations allowing for exceptional circumstances

21.3A Purpose of Part (Act, s 42‑5)

21.3B Application for determination

21.3C Matters to be taken into account

Part 2—Capital repayment deductions

21.4 Purpose of Part (Act, s 43‑6)

21.5 Working out the proportion

21.5A Meaning of capital payment

Part 3—Non‑compliance deductions

21.6 Purpose of Part (Act, s 43‑8)

21.7 Meaning of care day deficit

21.8 Circumstances

21.9 Working out of amount of deductions

Part 4—Basic subsidy amount

21.10 Purpose of Part (Act, s 44‑3)

21.11 Other matters

Part 4A—Accommodation supplement

21.11A Purpose of Part (Act s 44‑5A)

21.11B Matters

Part 5—Concessional resident supplement

21.12 Purpose of Part (Act, s 44‑6)

21.13 Matter

Part 5A—Charge exempt resident supplement

21.13A Purpose of Part (Act, s 44‑8A)

21.13B Matters for determining supplement

21.13C Circumstances in which supplement is not payable to provider

21.13D Persons to whom supplement may be paid

Part 6—Value of assets

21.14 Purpose of Part (Act, s 44‑10)

21.15 Assets

21.15A Time for assessing assets (Act para 44‑5B(1)(c))

Part 7—The respite supplement

21.16 Purpose of Part (Act, s 44‑12)

21.17 Requirements

21.18 Maximum number of days

21.19 Other matters

Part 8—The oxygen supplement

21.20 Purpose of Part (Act, s 44‑13)

21.21 The circumstances

Part 9—The enteral feeding supplement

21.22 Purpose of Part (Act, s 44‑14)

21.23 The circumstances

Part 10—Additional primary supplements

Division 1—General

21.24 Purpose of Part (Act, s 44‑16)

Division 2—Payroll tax supplement

21.25 Payroll tax supplement applies to care recipient

21.25A Conditions for non‑registered entities

21.25B Definition of non‑registered entity and registered entity

Division 3—Transitional supplements

21.25C Transitional supplement

21.25D Accommodation charge top‑up supplement

21.25E Transitional accommodation supplement

Division 3A—Basic Daily Fee supplement

21.25F Basic daily fee supplement

Division 4—Conditional adjustment payment (CAP)

21.26A Application of Division 4

21.26B Definitions for Division 4

21.26C Requirements for notices

21.26D Application of CAP

21.26E Staff training

21.26F Financial reports

21.26G Aged care workforce census

21.26H Review of decision

Division 5—Transitional workforce supplement

21.26J Purpose of Division

21.26JA Circumstances in which the transitional workforce supplement applies

21.26JB Circumstances in which the transitional workforce supplement ceases to apply

21.26JC Reviewable decision

21.26JD Amount of the transitional workforce supplement

Division 6—Dementia and severe behaviours supplement

21.26K Purpose of Division

21.26KA Circumstances in which the dementia and severe behaviours supplement applies

Part 11—Compensation payment reduction

21.27 Purpose of Part (Act, s 44‑20)

21.28 The matters

Part 12—Daily income tested reduction

21.29 Purpose of Part (Act, s 44‑22)

21.29A The matters

21.30 Classes affected

Part 13—Ordinary income determination exclusions

21.31 Purpose of Part (Act, s 44‑24)

21.32 Exclusions from determinations

21.32A Exclusion from determinations—gifts

21.32B Exclusion from determinations—rent receipts

21.32C Exclusion from determination—GST compensation

21.32D Exclusion from determination—pre‑2008 reform residents

21.32E Exclusion from determination—clean energy payments

Part 13A—Other supplements

Division 1—General

21.32F Purpose of Part (Act, s 44‑27)

Division 2—Veterans’ supplement

21.32G Veterans’ supplement

Division 3—Homeless supplement

21.32H Homeless supplement

Part 14—Viability supplement

21.33 Purpose of Part (Act, s 44‑29)

21.34 Definitions for Part 14

21.35 Other matters to which the Secretary must have regard

21.35A 1997 scheme services

21.35B 2001 scheme services

Section 21.35C 2005 scheme services

Part 15—Financial hardship

Division 1—Classes of people eligible for hardship supplement

21.36 Purpose of Division (Act, s 44‑30)

21.37 Eligible classes

Division 2—Determining individual cases of financial hardship

21.38 Purpose of Division (Act, s 44‑31)

21.39 The matters

Schedule 1—Building requirements

1.1 Definitions

1.2 Fire and safety requirements

1.3 Privacy and space requirements—pre‑end‑July 1999 buildings

1.4 Privacy and space requirements—post‑end‑July 1999 buildings

Schedule 2—Appraisal procedures for targeting care for homeless people or people from Aboriginal and Torres Strait Islander communities

1.1 Appraisal procedures

1.2 Time for completion of appraisal procedures

1.3 Appraisal tools

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments

Residential Care Subsidy Amendment (Transitional Workforce Supplement) Principle 2014

Endnote 8—Miscellaneous [none]

Part 1—Preliminary

21.1  Citation

  These Principles may be cited as the Residential Care Subsidy Principles 1997.

21.2  Commencement

  These Principles commence on 1 October 1997.

21.3  Definitions

 (1) In these Principles:

ACFI classification means a classification, or renewal of a classification, of a care recipient under the Act and the Classification Principles 1997 as in force on or after the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007.

Act means the Aged Care Act 1997.

approved care recipient means a person in respect of whom an approval under subsection 22‑1(2) of the Act is in force.

care day deficit, for Part 3, has the meaning given by section 21.8.

illness‑separated‑rate social security pension, for Part 11, means a pension under the Social Security Act 1991 that is payable in the circumstances mentioned in:

 (a) column 2 of item 3 in table B in point 1064‑B1 of that Act; or

 (b) column 2 of item 3 in table B in point 1065‑B12 of that Act.

new resident has meaning given by section 21.11B.

Quality Agency means the Australian Aged Care Quality Agency.

RCS classification means a classification, or renewal of a classification, of a care recipient under the Act and the Classification Principles 1997 as in force immediately before the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007.

single‑rate social security pension, for Part 11, means a pension under the Social Security Act 1991 that is payable in the circumstances:

 (a) mentioned in column 2 of item 1 in table B in point 1064‑B1 of that Act; or

 (b) mentioned in column 2 of item 1 in table B in point 1065‑B12 of that Act; or

 (c) to which the rate at point 1066‑B1 of that Act is applicable.

transition care has the meaning given by section 15.28 of the Flexible Care Subsidy Principles 1997.

 (2) For paragraph 44‑7(1)(b) of the Act, homeowner does not include a person if the value of the person’s interest in the home does not exceed:

 (a) if a determination covered by subsection 44‑7(1B) of the Act for the person specifies a time after 19 September 2009—2.25 times the basic age pension amount at that time; or

 (b) if the applicable time under section 44‑7(2) of the Act for a determination covered by subsection 44‑7(1C) of the Act for the person is after 19 September 2009—2.25 times the basic age pension amount at the applicable time; or

 (c) in any other case—2.5 times the basic age pension amount at the applicable time.

 (3) For paragraph 44‑8(1)(b) of the Act, homeowner does not include a person if the value of the person’s interest in the home does not exceed:

 (a) if a determination covered by subsection 44‑8(1B) of the Act for the person specifies a time after 19 September 2009—3.61 times the basic age pension at that time; or

 (b) if the applicable time under subsection 44‑8(2) of the Act for a determination covered by subsection 44‑8(1C) of the Act for the person is after 19 September 2009—3.61 times the basic age pension amount at the applicable time; or

 (c) in any other case—4 times the basic age pension amount at the applicable time.

Note 1: Applicable time is defined in subs 44‑7(2) and 44‑8(2) of the Act.

Note: A number of expressions used in these Principles are defined in the Act, including the following:

(a) accreditation requirement;

(b) basic age pension amount;

(c) dependent child;

(d) lowest applicable classification level.

Part 1AA—Leave from residential care services

Note: Subsection 42‑2(3A) of the Act provides that a care recipient is on leave under section 42‑2 from a residential care service on a day if flexible care subsidy is payable in respect of the care recipient and the day, and the requirements specified in these Principles for the purposes of paragraph 42‑2(3A)(b) are met.

21.3AB  Requirement—leave under subsection 42‑2(3A)

  For paragraph 42‑2(3A)(b) of the Act, it is a requirement that the flexible care subsidy payable in respect of the care recipient and the day mentioned in paragraph 42‑2(3A)(a) is payable to an approved provider who provides flexible care in the form of transition care to the care recipient on the day.

Part 1A—Determinations allowing for exceptional circumstances

21.3B  Application for determination

 (1) In this section:

accreditation application means an application to the Quality Agency, under subsection 2.2(2) of the Quality Agency Principles 2013, by the approved provider of a residential care service for re‑accreditation of the service.

exceptional circumstances determination application means an application to the Secretary by the approved provider of a residential care service for a determination under subsection 42‑5(1) of the Act that the service is taken, for the purposes of Division 42 of the Act, to meet its accreditation requirement.

 (2) For section 42‑5 of the Act, the Secretary may give a written request to the Quality Agency for the following information about a residential care service:

 (a) whether an accreditation application by the approved provider of the service has been received by the Quality Agency; and

 (b) if so, information about the status of the accreditation application.

 (3) If the Quality Agency receives a request for information under subsection (2), the Quality Agency must give a written response to the Secretary as soon as practicable.

 (4) If the response states that the approved provider has made an accreditation application in relation to the residential care service, and that a decision has been made not to accredit the service, or that no decision has been made on the application:

 (a) the accreditation application is taken to include an exceptional circumstances determination application in relation to the service; and

 (b) the date on which the response was received by the Secretary is taken to be the date on which the exceptional circumstances determination application was received by the Secretary.

 (5) Subsection (4) applies whether or not the accreditation application complies with subsection 2.3(1) of the Quality Agency Principles 2013.

 (6) Nothing in this section prevents an approved provider of a residential care service from making an exceptional circumstances determination application to the Secretary in relation to the service.

21.3C  Matters to be taken into account

 (1) In deciding whether to make a determination under subsection 42‑5(1) of the Act in relation to a residential care service, the Secretary must take into account the following matters:

 (a) the reasons for the residential care service not meeting the standards required for accreditation;

 (b) the action that the approved provider conducting the residential care service must take for the service to meet those standards;

 (c) the impact of the residential care service not meeting those standards on the residential care, accommodation and other services provided through the service to care recipients.

 (2) The Secretary may also take into account any other relevant matter.

Part 2—Capital repayment deductions

21.5  Working out the proportion

 (1) For a service, or distinct part of a service, for which extra service status has been granted, the proportion is:

where:

P is:

 (a) for a capital payment for which the first capital repayment deduction is to be made within 5 years after approval of the capital payment—100%; or

 (b) for a capital payment for which the first capital repayment deduction is to be made more than 5 years after approval of the capital payment—100% reduced by 10% for each complete year over 5 years.

ESP is the proportion of places in the service, not counting provisional places, that have extra service status when the first capital repayment deduction is to be made.

 (2) For subsection (1), a period of at least 6 months and less than 1 year is counted as a complete year.

21.5A  Meaning of capital payment

  For the purposes of section 43‑6 of the Act, each of the following kinds of payment is a capital payment:

 (a) financial assistance by way of a grant under Part II, or Division 3 of Part III, of the Aged or Disabled Persons Care Act 1954;

 (b) a grant of a Commonwealth benefit under Part VAB or VAC of the National Health Act 1953;

 (c) a grant under the Aged or Disabled Persons Hostels Act 1972;

 (d) a grant approved on or after 1 July 1989 under the program known as the Residential Aged Care Upgrading Program;

 (e) capital funding approved on or after 1 July 1989 under the program known as the Small Homes Capital Funding Initiative.

Part 3—Non‑compliance deductions

21.7  Meaning of care day deficit

A care day deficit, for a residential care service for a quarter, is the number worked out by:

 (a) multiplying the specified proportion concerned by the total number of care days in the quarter of care recipients who:

 (i) are receiving care on a permanent basis; and

 (ii) are not occupying a place with extra service status; and

 (iii) entered the service after 30 September 1997; and

 (b) subtracting the total number of supported, concessional and assisted resident care days in the quarter of care recipients of that kind who entered the service after 30 September 1997.

21.8  Circumstances

 (1) If a condition determined under section 14‑5 or 14‑6 of the Act requires a residential care service to provide at least a specified proportion of its care days to supported, concessional and assisted residents, this Part applies to the specified proportion.

 (2) Non‑compliance deductions do not apply:

 (a) if a residential care service has less than 6 care recipients who entered the service after 30 September 1997; or

 (b) for a residential care service that has places with extra service status—if less than 6 care recipients, receiving care on a permanent basis and not occupying those places, entered the service after 30 September 1997; or

 (c) if the care day deficit is less than 92.

 (3) Non‑compliance deductions do not apply for the number of quarters that is the lesser of 4 and:

(rounded up to the nearest whole number) if:

 (i) the number of allocated places in a residential care service increases because of the transfer of places from another residential care service and some or all of the additional places are occupied by care recipients from the other residential care service; and

 (ii) the service receiving the additional places was not subject to a non‑compliance deduction for the quarter before the transfer.

 (4) Non‑compliance deductions do not apply for a quarter if:

 (a) a particular place remains empty for the quarter; and

 (b) the care day deficit would have been less than 92 if the place had been occupied by a supported, concessional or assisted resident.

21.9  Working out of amount of deductions

 (1) The non‑compliance deduction, for a residential care service for a quarter, is the amount worked out using the following formula:

;

where:

A is the care day deficit for the service for the quarter.

B is the total of the basic subsidy amounts, worked out under Subdivision 44‑B of the Act, for each day of residential care provided by the service in the quarter for each care recipient.

C is the total of the reductions worked out by applying the income test under Subdivision 44‑E of the Act, for each day of residential care provided by the service in the quarter for each care recipient.

D is the total of the number of days of residential care provided by the service in the quarter for each care recipient.

 (2) If C is greater than B, the non‑compliance deduction is zero.

Part 4—Basic subsidy amount

21.11  Other matters

 (1) A determination by the Minister of different amounts may be based on any one or more of the following:

 (a) whether the residential care service provides a greater proportion of care to recipients of respite care than that (if any) specified in the conditions attached to the allocation of places to the approved provider of the residential care service;

 (b) the time when a care recipient entered a residential care service;

 (c) whether, on a particular day, the number of days on which the care recipient had previously been provided with residential care as respite care during the financial year in which the day occurs equals or exceeds the number of days specified in section 21.18 for paragraph 44‑12(2)(c) of the Act;

 (d) for a care recipient the appraisal, or reappraisal, of whom is received by the Secretary outside the appraisal period or reappraisal period—the circumstances of the late receipt by the Secretary.

 (2) Paragraph (1)(d) has effect in relation only to:

 (a) an appraisal period that begins on or after 1 September 2003; and

 (b) a reappraisal period that ends on or after 1 October 2003 (that is, the reappraisal period for a classification whose expiry date is 1 September 2003 or later).

 (3) For this section:

appraisal period means the period mentioned in paragraph 26‑1(a) or (b) of the Act, as applicable.

reappraisal period means:

 (a) for an RCS classification—the period mentioned in paragraph 28‑3 (1)(a) or (b) or 28‑3(2)(c) or (d) of the Act, as in force immediately before the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007, whichever is applicable; and

 (b) for an ACFI classification—the reappraisal period for the classification under section 27‑2 of the Act, as in force on or after the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007.

Part 4A—Accommodation supplement

21.11B  Matters

 (1) For paragraph 44‑5A(4)(b) of the Act, the matters, for a residential care service (the service), are whether, on a particular day, the service:

 (a) provides residential care (other than respite care) to the specified mix of residents; and

 (b) meets the building requirements.

 (2) A service is taken not to meet the building requirements if a building forming part of the service does not meet the building requirements for a building of that kind.

 (3) In this section:

building requirements means the requirements mentioned in Schedule 1.

new resident means a care recipient who is not receiving care on an extra service basis and enters a service after:

 (a) if the service was certified on 1 October 1997—30 September 1997; or

 (b) if the service is certified after 1 October 1997—the date the service is certified.

post‑end‑July 1999 building has the same meaning as in Schedule 1.

pre‑end‑July 1999 building has the same meaning as in Schedule 1.

specified mix for residents receiving residential care from a service means:

 (a) more than 40% of the residents to whom the service provides residential care (other than respite care), who are both post‑2008 reform residents and new residents, are supported residents; or

 (b) more than 40% of the new residents to whom the service provides residential care (other than respite care) are supported, concessional or assisted residents.

Part 5—Concessional resident supplement

21.13  Matter

 (1) The matter is whether, on a particular day, more than 40% of the new residents to whom a residential care service provides residential care, other than respite care, are supported, concessional or assisted residents.

 (2) In this section:

new resident has the meaning given by section 21.11B.

Part 5A—Charge exempt resident supplement

21.13B  Matters for determining supplement

 (1) This section applies to pre‑2008 reform residents.

 (2) For 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.

Part 6—Value of assets

21.15  Assets

 (1) This section is subject to subsections 44‑10(2), (3) and (4) of the Act.

 (2) The value of a person’s assets is the net value of all of the person’s property, including property outside Australia.

 (3) Property includes, but is not limited to:

 (a) accounts, including interest‑free accounts, with:

 (i) banks;

 (ii) building societies;

 (iii) credit unions;

 (b) interest‑bearing deposits;

 (c) fixed deposits;

 (d) bonds;

 (e) debentures;

 (f) shares;

 (g) investments in:

 (i) property trusts;

 (ii) friendly societies;

 (iii) equity trusts;

 (iv) mortgage trusts;

 (v) bond trusts;

 (h) superannuation assets from which lump sum amounts can be withdrawn;

 (i) real estate;

 (j) businesses;

 (k) farms;

 (l) loans, including interest‑free loans;

 (m) motor vehicles, boats and caravans;

 (n) surrender value of life insurance policies;

 (o) investment collections, including investment collections of coins or stamps;

 (p) household contents and personal effects.

 (4) The net value of property is its gross value less debts, charges and encumbrances on the property.

 (5) The value of household contents and personal effects is taken to be $5,000 if there is no evidence of another value.

 (6) The value of a person’s assets is reduced by any compensation payment received by the person under:

 (a) the Compensation (Japanese Internment) Act 2001; or

 (b) the Veterans’ Entitlements (Compensation—Japanese Internment) Regulations 2001; or

 (c) Part 2 of the Veterans’ Entitlements (Clarke Review) Act 2004; or

 (d) Schedule 5 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007.

21.15A  Time for assessing assets (Act para 44‑5B(1)(c))

 (1) For paragraph 44‑5B(1)(c) of the Act, the other time is:

 (a) the first time, after 19 March 2008, that the person enters a residential care service without having had a break in residential care of more than 28 days; or

 (b) if the person enters another residential care service and a determination of the person’s assets, made under section 44‑8AB of the Act because of that entry, is less than the valuation of the person’s assets at time mentioned in paragraph (a)—the time mentioned in the determination.

 (2) In this section:

break in residential care has the same meaning as in subsection 44‑5D(2) of the Act.

Part 7—The respite supplement

21.17  Requirements

  The care must be provided through a residential care service to a care recipient who has been approved as a recipient of respite care.

21.18  Maximum number of days

 (1) For paragraph 44‑12(2)(c) of the Act, 63 days is specified.

 (2) However, the Secretary may increase the number of days by 21 if the Secretary considers that it is necessary because of any of the following:

 (a) carer stress;

 (b) severity of the care recipient’s condition;

 (c) absence of the carer.

 (3) But the Secretary may not increase the number of days if the extension of time would begin after the care recipient’s approval as a care recipient had lapsed under section 23‑3 of the Act.

 (4) The Secretary may also take into account any other relevant matter in making a decision under subsection (2).

 (5) An increase under subsection (2) may be made more than once.

21.19  Other matters

  A determination by the Minister of different amounts may be based on:

 (a) whether the residential care service provides a greater or lesser proportion of care to recipients of respite care than that (if any) specified in the conditions attached to the allocation of places to the approved provider of the residential care service; or

 (b) the time when a care recipient entered a residential care service.

Part 8—The oxygen supplement

21.21  The circumstances

 (1) The materials and equipment used by the residential care service to administer oxygen to the care recipient must be:

 (a) hired or temporarily obtained; or

 (b) owned by the residential care service.

 (2) Administration of oxygen must not be:

 (a) because of a medical emergency; or

 (b) on a short‑term or episodic basis.

 (3) A medical practitioner must certify in writing that the care recipient has a continual need for the administration of oxygen.

 (4) Oxygen must be administered in the most economical way available, taking into account the medical needs of the care recipient.

Part 9—The enteral feeding supplement

21.23  The circumstances

 (1) A medical practitioner must certify in writing that the care recipient has a medical need for enteral feeding.

 (2) The care recipient must be given a liquid dietary formula administered by a nasogastric, gastrostomy or jejeunostomy feeding method.

 (3) A medical practitioner or dietitian must certify in writing that the dietary formula is a nutritionally complete formula.

 (4) The supplement is not payable for intermittent or supplementary enteral feeding that is given in addition to oral feeding.

 (5) The enteral feeding must be administered in the most economical way available, taking into account the medical needs of the care recipient.

 (6) In this section:

dietary formula does not include food supplements or any supplementary feeding connected with the administration of the dietary formula.

Part 10—Additional primary supplements

Division 1—General

Division 2—Payroll tax supplement

21.25  Payroll tax supplement applies to care recipient

 (1) Payroll tax supplement will apply to a care recipient in respect of a payment period if:

 (a) the care recipient is receiving residential care (including residential care received as respite care) from a residential care service operated by an approved provider described in subsection (3); and

 (b) for a care recipient receiving residential care other than as respite care, the care recipient’s classification is not:

 (i) for a care recipient with an RCS classification—classification level 8; or

 (ii) for a care recipient with an ACFI classification—the lowest applicable classification level.

 (3) The approved provider must satisfy the Secretary that:

 (a) the approved provider is:

 (i) a registered entity; or

 (ii) a non‑registered entity; and

 (b) the approved provider incurred a payroll tax liability in respect of the payment period, in accordance with subsection (4) or (5).

 (4) An approved provider that is a registered entity must satisfy the Secretary that it incurred a payroll tax liability, in respect of the payment period, that is payable to the State or Territory revenue office (however described) with which it is registered for the purposes of paying payroll tax.

 (5) An approved provider that is a non‑registered entity must satisfy the Secretary that:

 (a) it received, from a registered entity, an invoice including a cost breakdown showing, for the services provided, a salary and wages component and a payroll tax component; and

 (b) it has incurred a liability to pay the amount of the payroll tax component to the registered entity; and

 (c) in relation to the payment period, it complied with the conditions described in section 21.25A.

 (6) The supplement is payable daily in respect of a care recipient.

Note: The amount of payroll tax supplement payable for a care recipient, for each day that care is received, is worked out by following the steps set out in the Aged Care (Payroll Tax Supplement) Determination 2001. See also subsection 44‑16(3) of the Act.

21.25A  Conditions for non‑registered entities

  If an approved provider is a non‑registered entity, it must, at the end of each payment period, tell the Secretary:

 (a) of any variation, in relation to the previous payment period, in its liability for payroll tax; and

 (b) if so, to what extent its liability for payroll tax is affected by the change.

21.25B  Definition of non‑registered entity and registered entity

  For subsections 21.25 and 21.25A:

non‑registered entity means an entity that, despite not being a registered entity, has incurred a liability to pay payroll tax to a registered entity in relation to services provided to care recipients for the purposes of a residential care service.

Example: An approved provider will be more likely to be a non‑registered entity if it is operated by a charitable, religious or government provider.

registered entity means an entity that is registered with a revenue office (however described) of a State or Territory for the purposes of paying payroll tax in accordance with the laws of that State or Territory.

Example: An approved provider will be more likely to be a registered entity if it is operated on a ‘for profit’ basis.

Division 3—Transitional supplements

21.25C  Transitional supplement

 (1) This section does not apply to post‑2008 reform residents.

 (2) An aged care service is eligible for the transitional supplement for each day in the payment period when residential care (other than respite care) is provided to:

 (a) a care recipient who, after 30 September 1997, entered a residential care service that was not certified on the day the care recipient entered the service; or

 (b) a person who:

 (i) on 30 September 1997 occupied a hostel place or a nursing home bed; and

 (ii) after that date continued to receive residential care from the service; and

 (iii) has been classified under Part 2.4 of the Act.

 (3) In this section:

hostel place means a hostel place within the meaning of the Aged or Disabled Persons Care Act 1954, as in force on 30 September 1997.

nursing home bed means a nursing home bed in a nursing home approved under section 40AA of the National Health Act 1953 as in force on 30 September 1997.

Note: Subsection 44‑16(3) of the Act provides for the Minister to determine the amount of the supplement or the way in which the amount of the supplement is to be worked out.

21.25D  Accommodation charge top‑up supplement

  A certified residential care service (the service) operated by an approved provider is eligible for the accommodation charge top‑up supplement for each day in the payment period when residential care is provided to a person (the resident) if:

 (a) the resident:

 (i) is a post‑2008 reform resident; and

 (ii) receives an income support payment; and

 (iii) is eligible to pay an accommodation charge; and

 (b) the accommodation charge the resident was eligible to pay on entry to the residential care service is less than the accommodation charge the resident would have been eligible to pay had the resident not been receiving income support payment.

Note: Subsection 44‑16(3) of the Act provides for the Minister to determine the amount of the supplement or the way in which the amount of the supplement is to be worked out.

21.25E  Transitional accommodation supplement

 (1) A certified residential care service operated by an approved provider is eligible for the transitional accommodation supplement for each day in the payment period when residential care is provided to a person (the resident) if the resident:

 (a) is a post‑2008 reform resident; and

 (b) entered residential aged care after 19 March 2008 and before 20 September 2011; and

 (c) is eligible to pay an accommodation bond.

 (2) For paragraph (1)(b), a person who first entered residential aged care before 20 September 2011 (the relevant date), is taken not to have entered after the relevant date only because the person moves from one aged care home to another within 28 days after the relevant date.

Note: Subsection 44‑16(3) of the Act provides for the Minister to determine the amount of the supplement or the way in which the amount of the supplement is to be worked out.

Division 3A—Basic Daily Fee supplement

21.25F  Basic daily fee supplement

 (1) An approved provider is eligible for the basic daily fee supplement for a particular day in a payment period that commences on or after 1 July 2012 if:

 (a) residential care (other than respite care) is provided to an eligible care recipient on that day; and

 (b) the approved provider complies with subsection (3) in respect of that day.

 (2) For subsection (1):

eligible care recipient means a care recipient:

 (a) who was not in receipt of one or more of the following clean energy qualifying payments listed in subsection 914(4) of the Social Security Act 1991 on 1 July 2012:

 (i) age pension;

 (ii) seniors supplement; and

 (b) who was not in receipt of one or more of the following clean energy underlying payments listed in subsection 5Q(1) of the Veterans’ Entitlements Act 1986 on 1 July 2012:

 (i) service pension;

 (ii) seniors supplement; and

 (c) who was not the holder of a seniors health card on 1 July 2012; and

 (d) in respect of whom the approved provider received subsidy under Chapter 3 of the Act for providing residential care on 1 July 2012;

 (e) in respect of whom the approved provider has continued to receive subsidy under Chapter 3 of the Act for providing residential care for each day since 1 July 2012.

 (3) The approved provider complies with this subsection if the approved provider charges the eligible care recipient no more than the maximum daily amount of resident fees permitted under Division 58 of the Act minus an amount obtained by rounding down to the nearest cent an amount equal to 1% of the basic age pension amount (worked out on a per day basis).

Note: Under paragraph 56‑1(m) of the Act and section 23.14A of the User Rights Principles the approved provider has a responsibility to give an eligible care recipient, or his or her representative, information about the effect of this section on the amount of resident fees an eligible care recipient can be required to pay.

Division 4—Conditional adjustment payment (CAP)

21.26A  Application of Division 4

  This Division applies in respect of a payment period that begins on or after 1 April 2005.

21.26B  Definitions for Division 4

 (1) In this Division:

accounting standard has the meaning given by section 9 of the Corporations Act 2001.

Note: Accounting standards are available on the Internet at http://www.aasb.com.au.

CAP means conditional adjustment payment.

financial period, for an approved provider, means:

 (a) unless paragraph (b) applies, the period of 12 months beginning on 1 December in any year; or

 (b) if, under paragraph (2)(a), the Secretary determines another period (being a period that begins on the first day of a month) for the approved provider – that other period.

previous financial year, in relation to a relevant financial year, means:

 (a) unless paragraph (b) applies—the financial year ending most recently before the beginning of the relevant financial year; or

 (b) if, under paragraph (2)(c), the Secretary determines another period in place of the financial year ending most recently before the beginning of the relevant financial year—that other period.

relevant calendar year, in relation to a training period and an approved provider, means:

 (a) unless paragraph (b) applies—the calendar year ending immediately before the beginning of the training period for the approved provider; or

 (b) if, under paragraph (2)(b), the Secretary determines another period of 12 months (being a period that begins on the first day of a month) for the approved provider—that other period.

relevant financial year, in relation to a financial period and an approved provider, means:

 (a) unless paragraph (b) applies—the period of 12 months ending on the 30 June immediately before the beginning of the financial period for the approved provider; or

 (b) if, under paragraph (2)(c), the Secretary determines another period of not more than 12 months (being a period that begins on the first day of a month) for the approved provider—that other period.

training period, for an approved provider, means:

 (a) unless paragraph (b) applies—the period of 12 months beginning on 1 March in a year; or

 (b) if, under paragraph (2)(d), the Secretary determines another period (being a period that begins on the first day of a month) for the approved provider—that other period.

 (2) The Secretary may determine for an approved provider:

 (a) for paragraph (b) of the definition of financial period, if the Secretary is satisfied, on reasonable grounds, that it would be impracticable for the approved provider to comply with the requirements of section 21.26F in relation to the period mentioned in paragraph (a) of that definition—another period; or

 (b) for paragraph (b) of the definition of relevant calendar year, if the Secretary is satisfied, on reasonable grounds, that it would be impracticable for the approved provider to comply with the requirements of section 21.26E in relation to the period mentioned in paragraph (a) of that definition—another period of 12 months; or

 (c) for paragraph (b) of the definition of relevant financial year, if the Secretary is satisfied, on reasonable grounds, that it would be impracticable for the approved provider to comply with the requirements of section 21.26F in relation to the period mentioned in paragraph (a) of that definition—another period of not more than 12 months; or

 (d) for paragraph (b) of the definition of training period, if the Secretary is satisfied, on reasonable grounds, that it would be impracticable for the approved provider to comply with the requirements of section 21.26E in relation to the period mentioned in paragraph (a) of that definition—another period.

 (3) Following receipt of an application from an approved provider for a determination under subsection (2), the Secretary must:

 (a) make, or refuse to make, a determination; and

 (b) tell the approved provider, in writing, of the Secretary’s decision:

 (i) within 28 business days; or

 (ii) if the Secretary has requested further information in relation to the application—within 28 business days, excluding the period within which the information is requested and received.

Example: For subparagraph (3)(b)(ii), the Secretary receives an application on 2 August 2005 and requests further information in relation to the application on 8 August 2005. The Secretary receives the information on 15 August 2005. The period from 8 August to 15 August 2005 (inclusive) is not counted as part of the 28 business days within which the Secretary must tell the approved provider of the Secretary’s decision.

 (4) If the Secretary’s decision is to refuse to make a determination for the approved provider, the Secretary must also give the approved provider a written statement of the reasons for the decision.

Note: A decision of the Secretary under subsection (2) to refuse to make a determination is subject to review—see section 21.26H.

21.26C  Requirements for notices

  A notice under paragraph 21.26E(2)(b) must:

 (a) be in a form approved by the Secretary; and

 (b) include all the statements and information required by the form; and

 (c) not contain false or misleading information; and

 (d) be signed by a person who:

 (i) is one of the approved provider’s key personnel; and

 (ii) is authorised by the approved provider to sign the notice.

21.26D  Application of CAP

 (1) Subject to subsection (2), CAP applies to a care recipient in respect of a payment period if the approved provider that provides the residential care to the care recipient complies with the requirements of this Division in respect of the payment period.

 (2) Subsection (1) does not apply in respect of a payment period that begins before 1 April 2005.

 (3) If the amendment to the definition of financial period in subsection 21.26B(1)(a) which commenced on 1 July 2010 results in CAP not applying to a care recipient (but for this subsection) for the payment period of November 2010, CAP will apply to the care recipient for that payment period if CAP applied to the care recipient for the payment period of October 2010.

21.26E  Staff training

 (1) This section applies if the payment period begins on or after 1 April 2005 and falls within a training period for the approved provider.

Note: If the payment period is also within a financial period for the approved provider, the approved provider must also comply with section 21.26F. If the payment period begins on or after 1 July 2006, the approved provider must also comply with section 21.26G.

 (2) The approved provider complies with the requirements of this section in respect of the payment period if:

 (a) the approved provider encouraged staff training, or is taken under subsection (3) to have encouraged staff training, at the residential care service through which the residential care is provided to the care recipient, in the relevant calendar year for the training period; and

 (b) the approved provider has, before the beginning of the payment period, given the Secretary a notice in writing including:

 (i) a statement to the effect that the approved provider has encouraged, or is taken to have encouraged, staff training at the residential care service in the relevant calendar year; and

 (ii) information about the training opportunities that were offered by the approved provider to staff at the residential care service in the relevant calendar year.

 (2A) To avoid doubt, for paragraph 2(b), in relation to a payment period, if an approved provider has, before the beginning of an earlier payment period, given the Secretary a notice in writing that includes:

 (a) a statement to the effect that the approved provider has encouraged, or is taken to have encouraged, staff training at the residential care service in the relevant calendar year; and

 (b) information about the training opportunities that were offered by the approved provider to staff at the residential care service in the relevant calendar year;

then the approved provider is taken also to have given that notice to the Secretary before the beginning of the later payment period.

 (3) An approved provider in respect of a residential care service that was not responsible for the operations of the residential care service during all or some of the relevant calendar year is taken to have encouraged staff training at the residential care service in the relevant calendar year.

21.26F  Financial reports

 (1) This section applies if the payment period begins on or after 1 November 2005.

Note: If the payment period is within a training period for the approved provider, the approved provider is also affected by section 21.26E. If the payment period begins on or after 1 July 2006, the approved provider is also affected by section 21.26G.

 (2) The approved provider complies with the requirements of this section in respect of the payment period if:

 (a) the approved provider has done, or is taken under subsection (4) or (5) to have done, the following things:

 (i) prepared a financial report that complies with subsection (3) for the relevant financial year for the financial period;

 (ii) had the financial report audited by:

 (A) a registered company auditor within the meaning of the Corporations Act 2001; or

 (B) a person approved by the Secretary under subsection (6);

 (iii) obtained from the auditor (or the approved person) an audit opinion including:

 (A) whether the financial report is in accordance with the applicable accounting standards as in force at the time the report was made; and

 (B) whether the financial report gives a true and fair view of the financial position and performance of the entity for the relevant financial year;

 (iv) in the relevant financial year, provided a copy of the audited financial report (if any) for the previous financial year to, in respect of a residential care service provided by the provider, each person who asks for a copy and who is:

 (A) a recipient of the service provided; or

 (B) approved as a recipient of residential care and who is considering receiving residential care through that service;

 (C) a representative of a person to whom sub‑subparagraph (A) or (B) applies.

 (b) the approved provider has given the Secretary a copy of the audited financial report, before the beginning of the payment period.

 (2A) To avoid doubt, for paragraph (2)(b), in relation to a payment period, if an approved provider, before the beginning of an earlier payment period, has given the Secretary a copy of the audited financial report, the approved provider is taken to have given that report to the Secretary before the beginning of the later payment period.

 (3) For subparagraph (2)(a)(i), a financial report must:

 (a) be a general purpose financial report within the meaning of Statement of Accounting Concepts SAC 2 ‘Objective of General Purpose Financial Reporting’ as in force at the commencement of this section; and

 (b) be written as if the entity was a reporting entity within the meaning of Statement of Accounting Concepts SAC 1 ‘Definition of the Reporting Entity’ as in force at the commencement of this section; and

 (c) be in accordance with the applicable accounting standards as in force at the time the report was made; and

 (d) give a true and fair view of the financial position and performance of the entity for the relevant financial year; and

 (e) treat residential aged care as a reportable segment within the meaning of the accounting standard relating to segment reporting that applies to the relevant financial year; and

 (f) for the accounting standard relating to segment reporting that applies to the relevant financial year, if the entity is an entity other than an entity to which the standard applies – be written as if the entity was an entity to which the standard applies.

Note: Statement of Accounting Concepts SAC 1 ‘Definition of the Reporting Entity’ and Statement of Accounting Concepts SAC 2 ‘Objective of General Purpose Financial Reporting’ are available on the Internet at http://www.aasb.com.au.

 (4) An approved provider in respect of a residential care service that
was not responsible for the operations of the residential care service
during any of the relevant financial year is taken to have complied with paragraphs (2)(a) and (b) in respect of the residential care service for the relevant financial year.

 (5) An approved provider in respect of a residential care service that was responsible for the operations of the residential care service during part only of the relevant financial year is taken to have complied with paragraphs (2)(a) and (b) in respect of the residential care service for the relevant financial year if the approved provider complies with paragraphs (2)(a) and (b) in respect of that part of the relevant financial year.

 (6) For sub‑subparagraph (2)(a)(ii)(B), the Secretary may approve a person if the Secretary is satisfied that the person has appropriate qualifications and experience.

 (7) In this section:

entity means either:

 (a) the residential care service through which the residential care is provided to the care recipient; or

 (b) the approved provider in respect of the residential care service.

21.26G  Aged care workforce census

 (1) This section applies to a payment period that begins on or after 1 July 2006.

Note: If the payment period is also within a training period for the approved provider, the approved provider must also comply with section 21.26E. If the payment period is also within a financial period for the approved provider, the approved provider must also comply with section 21.26F.

 (2) The approved provider complies with the requirements of this section in respect of the payment period if:

 (a) the approved provider in relation to a care recipient in a residential care service:

 (i) has participated, in accordance with subsection (3), in the most recent aged care workforce census, in relation to residential care in the area that includes the residential care service, that was undertaken by or on behalf of the Department; or

 (ii) is taken, under subsection (4), to have complied with subparagraph (i).

 (3) If the approved provider receives an aged care workforce census form sent by or on behalf of the Department, the approved provider must:

 (a) complete a census return to the satisfaction of the person specified in the census form and give the census return to the person by the date specified in the census form; or

 (b) after the date specified in the census form—complete a census return to the satisfaction of the Department and give the census return to the Department.

 (4) An approved provider in respect of a residential care service that was not responsible for the operations of the residential care service during all or some of the period covered by the census is taken to have complied with subparagraph (2)(a)(i) in respect of the residential care service for that census.

21.26H  Review of decision

  A decision under subsection 21.26B(2) to refuse to make a determination is a reviewable decision under section 85‑1 of the Act.

Division 5—Transitional workforce supplement

21.26J  Purpose of Division

  This Division provides for the transitional workforce supplement.

21.26JA  Circumstances in which the transitional workforce supplement applies

  The transitional workforce supplement applies to a care recipient in respect of a day if:

 (a) the day is on or after 12 December 2013 and before 1 July 2014; and

 (b) the care recipient was provided with residential care through the residential care service in question on the day; and

 (c) the approved provider conducting the residential care service was eligible to receive the workforce supplement on 11 December 2013.

21.26JB  Circumstances in which the transitional workforce supplement ceases to apply

 (1) The transitional workforce supplement ceases to apply to a care recipient in respect of a day if:

 (a) the Secretary decides that the approved provider is no longer eligible for the transitional workforce supplement; or

 (b) the approved provider requests, in writing, the Secretary to cease payment of the transitional workforce supplement.

 (2) Before deciding under paragraph (1)(a) that the approved provider is no longer eligible for the transitional workforce supplement, the Secretary must notify the approved provider that it is being considered. The notice must:

 (a) be in writing; and

 (b) invite the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and

 (c) inform the approved provider that, if no submissions are made within the period, the Secretary will make a decision under paragraph (1)(a) on the day after the last day for making submissions.

 (3) In deciding whether to make a decision under paragraph (1)(a) that the approved provider is no longer eligible for the transitional workforce supplement, the Secretary must:

 (a) consider any submissions made within the period mentioned in paragraph (2)(b); and

 (b) have regard to the eligibility criteria specified in the Aged Care Transitional Workforce Supplement Guidelines.

 (4) The Secretary must notify, in writing, the approved provider of the decision and the date of effect of the decision.

 (5) The notice must be given to the approved provider within 28 days after the end of the period for making submissions. If the notice is not given within that period, the Secretary is taken to have decided not to make a decision under paragraph (1)(a) that the approved provider is no longer eligible for the transitional workforce supplement.             

21.26JC  Reviewable decision

 (1) A decision by the Secretary under paragraph 21.26JB(1)(a) that an approved provider is no longer eligible for the transitional workforce supplement is a reviewable decision.

 (2) Part 6.1 of the Act applies to the reviewable decision mentioned in subsection (1) as if a reference in that Part to this Act included a reference to these Principles.

21.26JD  Amount of the transitional workforce supplement

  The transitional workforce supplement for a particular day is 1% of the basic subsidy amount that is payable in respect of the day for the care recipient.

Division 6—Dementia and severe behaviours supplement

21.26K  Purpose of Division

  This Division provides for the dementia and severe behaviours supplement.

21.26KA  Circumstances in which the dementia and severe behaviours supplement applies

 (1) The dementia and severe behaviours supplement that will apply to a care recipient in respect of a payment period that starts on or after 1 August 2013 is the sum of all the dementia and severe behaviours supplements for the days during the period on which:

 (a) the care recipient was provided with residential care (other than respite care) through the residential care service in question; and

 (b) the care recipient was an eligible care recipient; and

 (c) the approved provider conducting the residential care service had, in relation to the care recipient:

 (i) the written medical diagnosis mentioned in paragraph (2)(a); and

 (ii) the results of the assessment mentioned in paragraph (3)(a).

 (2) A care recipient is an eligible care recipient on a day (the relevant day) if:

 (a) the care recipient has, on or before the relevant day, been medically diagnosed in writing, by a registered medical practitioner, with one or more of the health conditions that is assigned an ACAP code between 0500 and 0599; and

 (b) the assessment requirements mentioned in subsection (3) are satisfied in relation to the care recipient and the relevant day; and

 (c) a claim, under paragraph 43‑4(1)(a) of the Act, for residential care subsidy that includes the dementia and severe behaviours supplement for the relevant day for the care recipient, is made no more than 56 days after the relevant day.

 (3) For paragraph (2)(b), the assessment requirements are satisfied in relation to the care recipient and the relevant day if:

 (a) the care recipient has been assessed in accordance with the NPI‑NH test before the relevant day; and

 (b) if the dementia and severe behaviours supplement was not payable for the care recipient for the day before the relevant day—the assessment was conducted within 3 months before the relevant day; and

 (c) if the dementia and severe behaviours supplement was payable for the care recipient for the day before the relevant day, and the relevant day is within 12 months starting on the care recipient’s eligibility start day—the assessment was conducted within 3 months before the care recipient’s eligibility start day; and

 (d) if the dementia and severe behaviours supplement was payable for the care recipient for the day before the relevant day, and the relevant day is within 12 months starting on an anniversary of the care recipient’s eligibility start day—the assessment was conducted within 3 months before that anniversary; and

 (e) the assessment was conducted by a registered nurse, clinical nurse consultant, nurse practitioner or medical practitioner; and

 (f) the assessment was not conducted during the period of 7 days (not including any day on which the care recipient was on pre‑entry leave) starting on the day on which an approved provider began providing residential care to the care recipient; and

 (g) the results of the assessment are:

 (i) for at least 2 of the behavioural domains mentioned in subsection (4)—both a score of 4 for frequency and 3 for severity; and

 (ii) a score of at least 50 for the sum of the domain total scores for all 12 domains mentioned in the NPI‑NH test; and

 (iii) a score of 4 or higher for occupational disruptiveness for at least 2 of the behavioural domains mentioned in subsection (4); and

 (h) the results of the assessment have been given to the Secretary, but were not given to the Secretary during the period of 28 days (not including any day on which the care recipient was on pre‑entry leave) starting on the day on which an approved provider began providing residential care to the care recipient.

 (4) For paragraph (3)(g), the behavioural domains are the following behavioural domains mentioned in the NPI‑NH test:

 (a) delusions;

 (b) hallucinations;

 (c) agitation/aggression;

 (d) depression/dysphoria;

 (e) anxiety;

 (f) disinhibition.

 (5) In this section:

ACAP code means a code assigned to a health condition in Appendix H of the Aged Care Assessment Program Data Dictionary Version 1.0, published by the Australian Institute of Health and Welfare, as that document exists on 1 August 2013.

eligibility start day, for a care recipient, means:

 (a) the first day for which residential care subsidy that includes the dementia and severe behaviours supplement becomes payable for the care recipient; or

 (b) if residential care subsidy that includes the dementia and severe behaviours supplement was payable for the care recipient but has ceased to be payable for the care recipient—the first day for which residential care subsidy that includes the dementia and severe behaviours supplement becomes payable again for the care recipient.

NPI‑NH test means the test called the Neuropsychiatric Inventory—Nursing Home Version, as the test exists on 1 August 2013.

Part 11—Compensation payment reduction

21.28  The matters

 (1) The Secretary must take into account the following matters:

 (a) the amount of the judgment or settlement;

 (b) for a judgment—the components stated in the judgment and the amount stated for each component;

 (c) the proportion of liability apportioned to the care recipient;

 (d) the amounts spent on residential care at the time of judgment or settlement.

Examples of components of judgment for paragraph (b):

1. Loss of income.

2. Costs of future care.

 (2) The Secretary may take into account any other matters the Secretary considers relevant, including:

 (a) the amounts that are likely to be paid to or withheld by other Government agencies because of the judgment or settlement;

 (b) the amounts spent on care other than residential care at the time of the judgment or settlement;

 (c) the likely cost of residential care for the care recipient;

 (d) other costs of care for which the care recipient is likely to be liable;

 (e) the amount of the accommodation bond paid or payable by the care recipient.

Part 12—Daily income tested reduction

21.29A  The matters

 (1) The Secretary must have regard to the following matters:

 (a) the care recipient’s income;

 (b) the care recipient’s financial arrangements;

 (c) the care recipient’s entitlement to income support under the Social Security Act 1991, the Veterans’ Entitlements Act 1986, or any other source;

 (d) whether the care recipient has taken steps to obtain information about his or her entitlement to pension, benefit or other income support payments;

 (e) whether the care recipient has access to financial assistance under section 1129 of the Social Security Act 1991 (relating to access to financial hardship rules for pensions), the Pensioner Loans Scheme under Division 4 of Part 3.12 of the Social Security Act 1991, or any other source;

 (f) whether any income of the care recipient is income that he or she does not reasonably have access to;

 (g) whether there is a charge on the care recipient’s income over which the payment of resident fees cannot practically take precedence;

 (h) whether the care recipient has significant assets;

 (i) if the care recipient has significant assets—whether the assets are unrealisable assets within the meaning of unrealisable asset in subsections 11(12) and (13) of the Social Security Act 1991;

 (j) whether the care recipient is in Australia on a temporary basis.

 (2) The Secretary may have regard to any other matters the Secretary considers relevant.

 (3) To enable the Secretary to have regard to the matters mentioned in paragraph (1)(c) or (d), the Secretary may:

 (a) require the care recipient to seek information from a Department about his or her entitlement to a benefit, income support payment or other assistance, and give the Secretary copies of written replies from the Department; or

 (b) advise the care recipient to seek advice about his or her financial arrangements with the Financial Information Service established by Centrelink.

21.30  Classes affected

 (1) The following classes of people are specified for subsection 44‑22(1) of the Act:

 (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) is provided with 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;

 (g) approved care recipients, for each of whom the daily income tested reduction is worked out as less than $1.

 (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.

Part 13—Ordinary income determination exclusions

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.

21.32A  Exclusion from determinations—gifts

 (1) This section applies to a person who, on or before 20 August 1996, disposed of:

 (a) ordinary income; or

 (b) assets.

 (2) For ordinary income, the amount specified is the amount of ordinary income disposed of on or before 20 August 1996 that is included in the person’s ordinary income under:

 (a) sections 1106, 1107, 1108 and 1109 of the Social Security Act 1991; or

 (b) sections 48, 48A, 48B and 48C of the Veterans’ Entitlements Act 1986.

Note: Sections 1106, 1107, 1108 and 1109 of the Social Security Act 1991, and sections 48, 48A, 48B and 48C of the Veterans’ Entitlements Act 1986, deal with disposal of ordinary income.

 (3) For assets, the amount specified is the amount of ordinary income the person is taken to receive because assets disposed of on or before 20 August 1996 are assessed as financial assets under:

 (a) section 1076, 1077 or 1078 of the Social Security Act 1991; or

 (b) sections 46D and 46E of the Veterans’ Entitlements Act 1986.

Note: Sections 1076, 1077 or 1078 of the Social Security Act 1991, and sections 46D and 46E of the Veterans’ Entitlements Act 1986, deal with deemed income on financial assets.

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: 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.

21.32C  Exclusion from determination—GST compensation

 (1) This section applies to a person who is receiving a pension under Part II or IV of the Veterans’ Entitlements Act 1986 at a rate determined under or by reference to the following provisions of that Act:

 (a) for a person receiving a disability pension payable at the general rate—section 22;

 (b) for a person receiving a disability pension payable at the general rate including an increased rate for a war‑caused injury or disease—sections 22 and 27;

 (c) for a person receiving a disability pension payable at the intermediate rate—section 23;

 (d) for a person receiving a disability pension payable at the intermediate rate including an increased rate for a war‑caused injury or disease—sections 23 and 27;

 (e) for a person receiving a disability pension payable at the special rate—section 24;

 (f) for a person receiving a war widow or widower pension—subsection 30(1).

 (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).

 (2) The amount specified is an amount equal to 4% of the amount of pension, or the weekly amount of compensation, payable to a person under a provision referred to in subsection (1) or (1A), as applicable from time to time.

Note 1: Part II of the Veterans’ Entitlements Act 1986 deals with pensions, other than service pensions, payable to veterans and their dependants.

Note 2: Part IV of the Veterans’ Entitlements Act 1986 deals with pensions payable to members of the Defence Forces or a Peacekeeping Force and their dependants.

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.

21.32D  Exclusion from determination—pre‑2008 reform residents

 (1) This section applies to a pre‑2008 reform resident (the person).

 (2) For a person who is entitled to a pension worked out under Module A of the Pension Rate Calculator B at the end of section 1065 of the Social Security Act 1991 or Module A of the Rate Calculator in Schedule 6 Part 2 of the Veterans Entitlements Act 1986:

 (a) if:

  the amount specified is:

 (b) if:

  the amount specified is:

 (3) For a person to whom subsection (2) does not apply:

 (a) if:

  the amount specified is:

 (b) if:

  the amount specified is:

 (4) In this section:

BP (the maximum basic pension) means the amount worked out by applying point 1064‑B1 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991.

I means total assessable income.

P (the maximum pension) means the sum of :

 (a) the amount worked out by applying point 1064‑B1 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991; and

 (b) the amount worked out by applying point 1064‑BA4 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991.

T (the social security income test free threshold) means the amount worked out by applying point 1064‑E4 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991.

21.32E  Exclusion from determination—clean energy payments

 (1) This section applies to an approved care recipient who is receiving residential care.

 (2) The following amounts are specified:

 (a) any amount of clean energy advance, clean energy supplement or quarterly clean energy supplement paid to the care recipient under the Social Security Act 1991;

 (b) any amount of clean energy advance, clean energy supplement or quarterly clean energy supplement paid to the care recipient under the Veterans’ Entitlements Act 1986.

Part 13A—Other supplements

Division 1—General

Division 2—Veterans’ supplement

21.32G  Veterans’ supplement

 (1) The veterans’ supplement for a care recipient in respect of a payment period that starts on or after 1 August 2013 is the sum of all the veterans’ supplements for the days during the period on which:

 (a) the care recipient was provided with residential care (other than respite care) by an approved provider through the residential care service in question; and

 (b) the care recipient was a veteran who had an accepted mental health condition.

 (2) However, the veteran’s supplement will not apply to a care recipient in respect of a payment period unless the care recipient has before, during or after the payment period, authorised:

 (a) the Secretary of the Department administered by the Minister administering the Veterans’ Entitlements Act 1986; and

 (b) the Secretary of the Department administered by the Minister administering the Human Services (Centrelink) Act 1997;

to disclose to the approved provider that the care recipient is a veteran with an accepted mental health condition.

 (3) In this section:

accepted mental health condition means a mental health condition for which:

 (a) the Repatriation Commission has accepted liability to pay a pension under the Veterans’ Entitlements Act 1986; or

 (b) the Military Rehabilitation and Compensation Commission has accepted liability to pay compensation under the Military Rehabilitation and Compensation Act 2004 or the Safety, Rehabilitation and Compensation Act 1988.

veteran means a person:

 (a) who is taken, under section 7 of the Veterans’ Entitlements Act 1986, to have rendered eligible war service; or

 (b) in respect of whom a pension is payable under subsection 13(6) of that Act; or

 (c) who is:

 (i) a member of the Forces within the meaning of subsection 68(1) of that Act; or

 (ii) a member of a Peacekeeping Force within the meaning of that subsection; or

 (d) who is:

 (i) a member within the meaning of the Military Rehabilitation and Compensation Act 2004; or

 (ii) a former member within the meaning of that Act; or

 (e) who is an employee within the meaning of the Safety, Rehabilitation and Compensation Act 1988.

Note: The Acts mentioned in paragraphs (c) and (e) provide that, in some cases:

(a) a member of the Forces, or a member of a Peacekeeping Force, includes a person who is no longer serving; and

(b) an employee includes a person who has ceased to be an employee.

Division 3—Homeless supplement

21.32H  Homeless supplement

 (1) An aged care service is eligible for the homeless supplement for each day in the payment period when more than 50% of care recipients of the service (other than care recipients receiving respite care) have been appraised using Appraisal Tool A in section 1.3 of Schedule 2 as demonstrating complex behavioural needs and social disadvantage associated with their background as a homeless person, and:

 (a) the places allocated in respect of the residential aged care service are subject to a condition of allocation under section 14‑5 of the Act relating to the care of people with a background as homeless persons; or

 (b) the approved provider of the residential care service or its key personnel have experience in providing, or the capacity to provide, specialist services for such persons, including:

 (i) programs and interventions to manage complex behavioural needs; or

 (ii) programs to promote social engagement and participation.

 (2) 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.

Part 14—Viability supplement

21.34  Definitions for Part 14

  In this Part:

Amount Determination, for a day, means the determination under subsection 44‑29(8) of the Act that is in force on that day.

1997 scheme service means a residential care service that:

 (a) meets the requirements of subsection 21.35A(1); and

 (b) does not meet the requirements of subsection 21.35C(6).

2001 scheme service means a residential care service that:

 (a) meets the requirements of subsection 21.35B(1) or (6); and

 (b) does not meet the requirements of subsection 21.35C(7).

2005 scheme service means a residential care service that meets the requirements of subsection 21.35C(1), (6) or (7).

21.35  Other matters to which the Secretary must have regard

  For subsection 44‑29(2) of the Act, the Secretary must have regard to whether a residential care service is a 1997 scheme service, a 2001 scheme service or a 2005 scheme service.

21.35A  1997 scheme services

 (1) A residential care service meets the requirements of this subsection if:

 (a) the service was in operation on 31 December 2004, and, on that date, the point score of the service would have been at least 60 points, under the scoring system set out in the following table; and

 (b) on 1 January 2005, the point score of the service is either:

 (i) less than 50 points, under the scoring system set out in the table in subsection 21.35C(1); or

 (ii) if the amount of viability supplement payable under the Amount Determination for a day in respect of a care recipient to whom care is provided through the service as a 2005 scheme service is less than the amount of viability supplement payable in respect of the care recipient for the day if the service were treated as a 1997 scheme service—at least 50 points, under the scoring system set out in the table in subsection 21.35C(1).

 (2) For subsection (1):

 (a) a location of a particular kind is a statistical local area of that kind defined in ‘Rural, Remote and Metropolitan Area Classification’, 1991 Census Edition, published by the Australian Government Publishing Service, November 1994; and

 (b) a service is taken to be unable to co‑locate with another service if it is:

 (i) not on the same site as, or on an adjoining site to, another residential care or multi‑purpose service; or

 (ii) on the same site as, or an adjoining site to another residential care or multi‑purpose service, but the total of the residential places and non‑acute beds on the same or adjacent sites is less than 45; or

 (iii) more than 25 kilometres from the nearest residential care service; or

 (iv) not more than 25 kilometres from the nearest residential care service, but the total number of places in both services is:

 (A) for a service in a remote zone—less than 30 beds; or

 (B) for a service not in a remote zone—less than 16 beds; and

 (c) multi‑purpose service has the meaning given by section 15.3 of the Flexible Care Subsidy Principles 1997; and

 (d) points may be scored under only 1 paragraph in an item that has paragraphs.

21.35B  2001 scheme services

 (1) A residential care service meets the requirements of this subsection if:

 (a) the service was in operation on 31 December 2004, and, on that date, the point score of the service would have been at least 40 points, under the scoring system set out in the following table; and

 (b) on 1 January 2005, the point score of the service is either:

 (i) less than 50 points, under the scoring system set out in the table in subsection 21.35C(1); or

 (ii) if the amount of viability supplement payable under the Amount Determination for a day in respect of a care recipient to whom care is provided through the service as a 2005 scheme service is less than the amount of viability supplement payable in respect of the care recipient for the day if the service were treated as a 2001 scheme service—at least 50 points, under the scoring system set out in the table in subsection 21.35C(1).

 (2) In this section:

accessible location means a location that has an ARIA value of more than 1.84 but no more than 3.51.

ARIA value, in relation to a location, means the value given to that location in accordance with the methodology set out in the document titled Measuring Remoteness: Accessibility/Remoteness Index of Australia (ARIA), Occasional Papers: New Series Number 14, published by the Department in October 2001, as the document exists on 1 August 2013.

Note: The document is available through the Department’s website (www.health.gov.au).

highly accessible location means a location that has an ARIA value of no more than 1.84.

moderately accessible location means a location that has an ARIA value of more than 3.51 but no more than 5.8.

remote location means a location that has an ARIA value of more than 5.8 but no more than 9.08.

very remote location means a location that has an ARIA score of more than 9.08 but no more than 12.

 (3) A residential care service meets the requirements of this subsection if:

 (a) the service commences operating on or after 1 January 2005 and before 1 July 2005; and

 (b) on the day that the service commences operating, the point score of the service:

 (i) is at least 40 points, under the scoring system set out in subsection (1); and

 (ii) is either:

 (A) less than 50 points, under the scoring system set out in the table in subsection 21.35C(1); or

 (B) if the amount of viability supplement payable under the Amount Determination for that day in respect of a care recipient to whom care is provided through the service as a 2005 scheme service is less than the amount of viability supplement payable in respect of the care recipient for that day if the service were treated as a 2001 scheme service—at least 50 points, under the scoring system set out in the table in subsection 21.35C(1).

Section 21.35C  2005 scheme services

 (1) A residential care service meets the requirements of this subsection if, on or after 1 January 2005, the service:

 (a) is not a 1997 scheme service or a 2001 scheme service; and

 (b) scores at least 50 points, worked out as follows:

 (2) In this section:

accessible location has the meaning given by subsection 21.35B(2).

highly accessible location has the meaning given by subsection 21.35B(2).

low level of residential care has the meaning given by section 9.3 of the Classification Principles 1997. 

moderately accessible location has the meaning given by subsection 21.35B(2).

remote location has the meaning given by subsection 21.35B(2).

very remote location has the meaning given by subsection 21.35B(2).

 (3) For the purposes of Step 1 of the viability supplement points calculator in subsection (1), the number of points applicable to the service in respect of its location is calculated using the scoring system in the following table:

 (4) For the purposes of Step 3 of the viability supplement points calculator in subsection (1), the service scores 60 points if more than 50% of care recipients of the service (other than care recipients receiving respite care) have been appraised using either Appraisal tool A or Appraisal tool B in Schedule 2 as demonstrating complex behavioural needs and social disadvantage associated with their background as a homeless person or their background as a person from an Aboriginal or Torres Strait Islander community, or both, and:

 (a) the places allocated in respect of the residential aged care service are subject to a condition of allocation under subsection 14‑5 of the Act relating to the care of people with a background as homeless persons or persons from an Aboriginal or Torres Strait Islander community; or

 (b) the approved provider of the residential care service or its key personnel have demonstrated experience in providing, or the capacity to provide, specialist services for such persons, including:

 (i) programs and interventions to manage complex behavioural needs;

 (ii) programs to promote social engagement and participation; or

 (iii) any other relevant services that the Secretary considers appropriate.

 (5) For the purposes of Step 5 of the viability supplement points calculator in subsection (1), the number of points applicable to the service in respect of its number of places is calculated using the scoring system in the following table:

 (6) A residential care service meets the requirements of this subsection if the service meets the requirements of subsection 21.35A(1) (that is, for a 1997 scheme service) and, on at least 1 day on or after 1 January 2005:

 (a) the service scores at least 50 points, under the scoring system set out in the table in subsection (1); and

 (b) the amount of viability supplement payable under the Amount Determination for a day in respect of a care recipient to whom care is provided through the service as a 2005 scheme service is the same as or greater than the amount of viability supplement payable in respect of the care recipient for the day if the service were treated as a 1997 scheme service.

 (7) A residential care service meets the requirements of this subsection if the service meets the requirements of subsection 21.35B(1) or (3) (that is, for a 2001 scheme service) and, on at least 1 day on or after 1 January 2005:

 (a) the service scores at least 50 points, under the scoring system set out in the table in subsection (1); and

 (b) the amount of viability supplement payable under the Amount Determination for a day in respect of a care recipient to whom care is provided through the service as a 2005 scheme service is the same as or greater than the amount of viability supplement payable in respect of the care recipient for the day if the service were treated as a 2001 scheme service.

Part 15—Financial hardship

Division 1—Classes of people eligible for hardship supplement

Note: Under subsection 44‑3(4) of the Act, a care recipient is not eligible for a hardship supplement for a day if, on the day, the care recipient is being provided with residential care on an extra service basis.

21.37  Eligible classes

 (1) The classes are:

 (a) care recipients under 21years:

 (i) who receive an income support payment; and

 (ii) whose total income is below the single‑rate social security pension amount;

 (b) care recipients under 16 years whose total income (including any Family Payment or Child Disability Allowance received on their behalf) is below the single‑rate social security pension amount;

 (c) care recipients who:

 (ia) are pre‑2008 reform residents; and

 (i) enter an aged care service after 30 September 1997; and

 (ii) do not receive an income support payment; and

 (iii) have an ordinary fortnightly income on a day:

 (A) more than the ordinary fortnightly income that, if received by the care recipient, has the effect that he or she is not entitled to an income support payment; and

 (B) less than $1 774.42.

 (d) care recipients who:

 (i) on the day before 1 October 1997:

 (A) occupied an approved place in an aged care service; and

 (B) received an income support payment; and

 (ii) on 1 October 1997—do not receive an income support payment;

 (e) care recipients who:

 (i) on 30 September 1997, occupied a place in a hostel approved under the Aged or Disabled Persons Care Act 1954; and

 (ii) have not entered an aged care service that was approved, before 1 October 1997, as a nursing home under the National Health Act 1953.

 (2) For paragraph (1)(c), a care recipient’s ordinary fortnightly income is the amount that would be his or her ordinary income according to the ordinary income test in Pension Rate Calculator A in section 1064 of the Social Security Act 1991.

Division 2—Determining individual cases of financial hardship

21.39  The matters

 (1) The Secretary must have regard to the following matters:

 (a) the care recipient’s income;

 (b) the care recipient’s financial arrangements;

 (c) the care recipient’s entitlement to income support under the Social Security Act 1991, the Veterans’ Entitlements Act 1986, or any other source;

 (d) whether the care recipient has taken steps to obtain information about his or her entitlement to pension, benefit or other income support payments;

 (e) whether the care recipient has access to financial assistance under section 1129 of the Social Security Act 1991 (relating to access to financial hardship rules for pensions), the Pensioner Loans Scheme under Division 4 of Part 3.12 of the Social Security Act 1991, or any other source;

 (f) whether any income of the care recipient is income that he or she does not reasonably have access to;

 (g) whether there is a charge on the care recipient’s income over which the payment of resident fees cannot practically take precedence;

 (h) whether the care recipient has significant assets;

 (i) if the care recipient has significant assets—whether the assets are unrealisable assets within the meaning of unrealisable asset in subsections 11(12) and (13) of the Social Security Act 1991;

 (j) whether the care recipient is in Australia on a temporary basis.

 (2) The Secretary may have regard to any other matters the Secretary considers relevant.

 (3) To enable the Secretary to have regard to the matters mentioned in paragraph (1) (c) or (d), the Secretary may:

 (a) require the care recipient to seek information from a Department about his or her entitlement to a benefit, income support payment or other assistance, and give the Secretary copies of written replies from the Department; or

 (b) advise the care recipient to seek advice about his or her financial arrangements with the Financial Information Service established by Centrelink.

Example of circumstances in which the Secretary may determine that a care recipient is eligible for hardship supplement:

1. The care recipient:

 (a) receives an income below:

(i) if the care recipient is not the spouse of someone else—the single‑rate social security pension amount; or

(ii) if the care recipient is the spouse of someone else—the illness‑separated‑rate social security pension amount; and

 (b) either:

 (i) does not have significant assets; or

 (ii) has significant assets that are unrealisable assets; and

 (c) is not entitled to a benefit or income support payment.

Schedule 1—Building requirements

(subsection 21.11B(3))

1.1  Definitions

  In this Schedule:

building means a building forming part of a Commonwealth funded residential care service.

Building Code of Australia means the code developed by the Australian Building Codes Board under the agreement between the Commonwealth, States and Territories made on 26 April 2006.

fire and safety requirements means adequate provision for the following:

 (a) sprinklers and fire suppression;

 (b) fire compartmentation and separation;

 (c) egress;

 (d) smoke compartmentation and separation;

 (e) fire fighting equipment;

 (f) alarm detection and evacuation systems;

 (g) summoning assistance and evacuation systems.

post‑end‑July 1999 building means a building, or part of a building, for which plans were submitted after July 1999 to a body (including a local government body) responsible for building or development approval in the area where the building is located or proposed, for approval to construct or alter the building, or part of the building.

pre‑end‑July 1999 building means a building, or a part of a building, that is not a post‑end‑July 1999 building.

1.2  Fire and safety requirements

 (1) A building is taken to meet the fire and safety requirements if the building is assessed with a score of at least 19/25 for those requirements under the Aged Care Certification Assessment Instrument, November 2002 Revision, issued by the Department of Health and Ageing.

 (2) For this clause, the assessment may be conducted as part of an assessment under the Certification Principles 1997 or under subclause (3).

 (3) An assessment under this subclause must be carried out by a person or body who is suitably qualified to assess buildings in accordance with the Building Code of Australia (for example, as a member of a professional body such as the Australian Institute of Building Surveyors).

1.3  Privacy and space requirements—pre‑end‑July 1999 buildings

 (1) A pre‑end‑July 1999 building is taken to meet the privacy and space requirements if the building has:

 (a) an average of no more than 4 residents per room; and

 (b) no more than 6 residents per toilet; and

 (c) no more than 7 residents per shower or bath; and

 (d) toilets, showers and baths distributed across the building to ensure equitable and ready access for all residents.

Example: If a building has more than 1 wing, toilets and bathing facilities must not be restricted to 1 wing, or at a point in a wing where it would be difficult for residents to access them.

 (2) However, paragraph (1)(a) does not apply to a room or rooms usually occupied by particular residents if the approved provider, when requested by the Secretary, is able to demonstrate that it is not, having regard to the culture of those residents, appropriate for that paragraph to apply.

 (3) For working out the number of residents per toilet for paragraph (1)(b):

 (a) toilets off common areas are to be included; and

 (b) toilets primarily for the use of staff are to be excluded.

 (4) For working out the number of residents per shower or bath for paragraph (1)(c):

 (a) showers and baths off common areas are to be included; and

 (b) showers and baths primarily for the use of staff are to be excluded.

1.4  Privacy and space requirements—post‑end‑July 1999 buildings

 (1) A post‑end‑July 1999 building is taken to meet the privacy and space requirements if the building has:

 (a) an average of no more than 1.5 residents per room; and

 (b) no room that may accommodate more than 2 residents; and

 (c) no more than 3 residents per toilet; and

 (d) no more than 4 residents per shower or bath; and

 (e) toilets, showers and baths distributed across the building to ensure equitable and ready access for all residents.

Example: If a building has more than 1 wing, toilets and bathing facilities must not be restricted to 1 wing, or at a point in a wing where it would be difficult for residents to access them.

 (2) However, paragraphs(1)(a) and (b) do not apply to a room or rooms usually occupied by particular residents if the approved provider, when requested by the Secretary, is able to demonstrate that it is not, having regard to the culture of those residents, appropriate for those paragraphs to apply.

 (3) For working out the number of residents per toilet for paragraph (1)(c):

 (a) toilets off common areas are to be included; and

 (b) toilets primarily for the use of staff are to be excluded.

 (4) For working out the number of residents per shower or bath for paragraph (1)(d):

 (a) showers and baths off common areas are to be included; and

 (b) showers and baths primarily for the use of staff are to be excluded.

Schedule 2—Appraisal procedures for targeting care for homeless people or people from Aboriginal and Torres Strait Islander communities

(subsection 21.35C(4))

1.1  Appraisal procedures

 (1) Appraisal of whether a person demonstrates complex behavioural needs and social disadvantage associated with their background as a homeless person or their background as a person from an Aboriginal or Torres Strait Islander community must be undertaken using either appraisal tool A or appraisal tool B in Item 1.3 of this Schedule.

 (2) If a person is both a homeless person and a person from an Aboriginal or Torres Strait Islander community then both appraisal tool A and appraisal tool B must be completed.

1.2  Time for completion of appraisal procedures

 (1) For a care recipient who enters residential care on or after 1 July 2012, notification of the outcome of the appraisal must be received by the Secretary within the period commencing 28 days after the day on which the approved provider began providing care to the care recipient (the care recipient’s entry day) and ending 2 months after the care recipient’s entry day.

 (2) However, if the care recipient dies or leaves the residential care service through which the approved provider provides care before the end of 28 days after the care recipient’s entry day, notification of the outcome of the appraisal may be given to the Secretary before the end of 28 days after the care recipient’s entry day. 

 (3) If the care recipient’s entry day is before 1 July 2012, notification of the outcome of the appraisal must be received by the Secretary within the period ending either 2 months after the care recipient’s entry day or before 1 September 2012, whichever is the later day.

 (4) If notification of the outcome of the appraisal is received by the Secretary before the end of the period specified in subsection (1) or (3) (whichever is applicable), any points that may be added under subsection 21.35C(4) for the purposes of Step 3 of the viability supplement points calculator in subsection 21.35C(1) of the Principles as a result of the outcome of the appraisal take effect on either 1 July 2011 or the care recipient’s entry day, whichever is the later day.

 (5) If notification of the outcome of the appraisal is received by the Secretary after the end of the period specified in subsection (1) or (3) (whichever is applicable), any points that may be added under subsection 21.35C(4) for the purposes of Step 3 of the viability supplement points calculator in subsection 21.35C(1) of the Principles as a result of the outcome of the appraisal take effect on the day the notification of the outcome of the appraisal is received by the Secretary. 

1.3  Appraisal tools

TOOL A – HOMELESSNESS: ADDITIONAL SPECIAL NEEDS

The care recipient must demonstrate complex behavioural and/or social support needs.  They must meet EACH of the following four criteria:

APPRAISAL TOOL B ‑ INDIGENOUS AUSTRALIANS: ADDITIONAL SPECIAL NEEDS

The care recipient must demonstrate complex behavioural and/or social support needs.  They must meet EACH of the following four criteria:

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

Endnote 3—Legislation history