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Flexible Care Grant Principles 2008

Authoritative Version
Principles as made
This instrument allows EACH and EACH-D to apply for grants to assist with the establishment costs associated with the provision of EACH and EACH-D.
Administered by: Health
Registered 19 Mar 2008
Tabling HistoryDate
Tabled HR13-May-2008
Tabled Senate13-May-2008
Date of repeal 01 Aug 2013
Repealed by Aged Care Revocation Instrument 2013

Flexible Care Grant Principles 20081

Aged Care Act 1997

I, JUSTINE ELLIOT, Minister for Ageing, make these Principles under subsection 96‑1 (1) of the Aged Care Act 1997.

Dated 17 March 2008



Part 1                    Preliminary

                  14A.1     Name of Principles                                                                              3

                  14A.2     Commencement                                                                                  3

                  14A.3     Definitions                                                                                           3

Part 2                    Allocations

                  14A.4     Purpose of Part (Act s 78B‑2)                                                               4

                  14A.5     Additional criteria                                                                                 4

Part 3                    Amounts of grants

                  14A.6     Purpose of Part (Act s 78D‑1)                                                               5

                  14A.7     Amount of grants                                                                                 5



Part 1                 Preliminary


14A.1      Name of Principles

                These Principles are the Flexible Care Grant Principles 2008.

14A.2      Commencement

                These Principles commence on 20 March 2008.

14A.3      Definitions

                In these Principles:

Act means the Aged Care Act 1997.

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.

project means a project mentioned in subsection 78B‑1 (1) of the Act.

service infrastructure, for an approved provider, means the provider’s administrative structure and financial arrangements.

Note:  Definitions

A number of expressions used in these Principles are defined in the Aged Care Act 1997 (see Dictionary in Schedule 1), including:

·           approved provider

·           flexible care

·           place.

Part 2                 Allocations

14A.4      Purpose of Part (Act s 78B‑2)

                This Part specifies additional criteria for allocation of flexible care grants.

14A.5      Additional criteria

                The additional criteria are as follows:

                (a)    that the kind of flexible care to be provided under the project is:

                          (i)    extended aged care at home as defined in section 15.6 of the Flexible Care Subsidy Principles 1997; or

                         (ii)    extended aged care at home — dementia as defined in section 15.8 of the Flexible Care Subsidy Principles 1997;

               (b)    whether the approved provider is disadvantaged in meeting the cost of the project because:

                          (i)    it does not have an established service infrastructure to support the provision of new services; or

                         (ii)    the project is for the provision of a small number of places;

                (c)    whether there is a reasonable likelihood of the grant enabling the establishment, or extension to an additional area, of a viable flexible care service;

               (d)    whether the grant will have the effect of enabling the provision of aged care services from the day of approval of recurrent subsidy;

                (e)    that the applicant has sufficiently identified each item or cost for which the grant is sought (for example, by firm quotations from suppliers);

                (f)    whether the project will confer a significant benefit on current and future care recipients.

Note 1   For paragraph (f), one way to establish that a project will confer a significant benefit would be to demonstrate that the project is for a service in a priority or high‑need area.

Note 2   Recurrent subsidy is dealt with in Chapter 3 of the Act.

Part 3                 Amounts of grants

Note:  Amounts of grants

Under section 14A.7 of these Principles, the Secretary may have regard to how well the project proposed by an approved provider who has applied for a grant might further the objects of the Act (in comparison with projects proposed by other approved providers who have applied for a grant) in working out the amount of a grant. As well as the matters mentioned in section 14A.7, the making (or allocation) of a grant is subject to the conditions (if any) determined by the Secretary under subsection 78C‑1 (2) of the Act. Those conditions may also require consideration of how well a proposed project might further the objects of the Act.

14A.6      Purpose of Part (Act s 78D‑1)

                This Part provides for matters relevant to the working out of amounts of flexible care grants.

14A.7      Amount of grants

         (1)   The maximum amount of a flexible care grant is the sum of $100 000 and the amount of GST payable by the approved provider on that amount.

         (2)   The amount of a flexible care grant to an approved provider for flexible care services is the amount (not more than the maximum amount in subsection (1)) the Secretary considers appropriate, having regard to:

                (a)    the circumstances of the approved provider; and

               (b)    the purposes for which the grant is payable; and

                (c)    the location of the flexible care services; and

               (d)    the kinds of people proposed to be provided with flexible care through the services.

         (3)   The approved provider’s circumstances include, for example, the following matters:

                (a)    the number of places that will become available to the provider because of the project;

               (b)    the capacity of the provider to obtain financial and other kinds of help;

                (c)    the provider’s existing service infrastructure (if any);

               (d)    the cost to the provider of providing care to particular flexible care recipients;

                (e)    the particular cost factors applying to the provider’s operational environment.


1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.