Aged Care Act 1997
Residential Care Subsidy Principles Amendment (No. 1) 1997
I, WARWICK SMITH, Minister for Family Services, make the following Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 2 November 1997.
WARWICK SMITH
Minister for Family Services
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1. Citation
1.1 These Principles may be cited as the Residential Care Subsidy Principles Amendment (No. 1) 1997.
2. Amendment
2.1 The Residential Care Subsidy Principles 1997 1 are amended as set out in these Principles.
3. Commencement
3.1 These Principles are taken to have commenced on 1 October 1997.
4. Section 21.14 (Purpose of Part (Act, s 44-10))
4.1 Add at the end:
“(2) The value of the person’s assets is also used to work out the maximum amount of an accommodation bond under section 57-12 of the Act (see subsection 57-12 (4) of the Act).”.
5. Section 21.15 (Assets)
5.1 Add at the end:
“(6) If the care recipient is a homeowner, in addition to the value of a home to be disregarded under subsection 44-10 (2) of the Act, the value of the home owned by the care recipient is to be disregarded in working out the value of the care recipient’s assets if, at the time of the care recipient’s entry to the residential care service, the home was occupied by a carer of the care recipient who:
(a) had occupied the home for the past 2 years (but less than 5 years); and
(b) was eligible to receive an income support payment at the time of the care recipient’s entry to the residential care service.”.
6. Section 21.30 (The classes)
6.1 Paragraph 21.30 (e):
Omit the paragraph, substitute:
“(e) approved care recipients, other than recipients of respite care, who lived in a residential aged care service at any time after 30 September 1997 and before 1 March 1998.”.
7. New section
7.1 After section 21.32, insert:
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.”.
8. Section 21.37 (Eligible classes)
8.1 Subsection 21.37 (1):
Add at the end:
“(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.”.
NOTE
1. Residential Care Subsidy Principles 1997 notified in the Commonwealth of Australia Gazette on 29 September 1997.