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

Dated   17 March 2009

JUSTINE ELLIOT

1              Name of Principles

                These Principles are the User Rights Amendment Principles                                               2009 (No. 1).

2              Commencement

                These Principles commence on 20 March 2009.

3              Amendment of User Rights Principles

                Schedule 1 amends the User Rights Principles 1997.

Schedule 1        Amendments

(section 3)

[1]           Subsections 23.81P (5) to (8)

substitute

         (5)   For paragraph 57A‑6 (1) (c) of the Act, for a post‑2008 reform resident who:

                (a)    first entered a residential care service for the provision of residential care (other than respite care) before 1 July 2004; and

               (b)    re‑enters care:

(i)       after 19 March 2008 and before 20 September 2008 — $15.76 is specified;

(ii)      on or after 20 September 2008 and before 20 March 2009 — $16.20 is specified; or

(iii)      on or after 20 March 2009 and before 20 September 2009 — $16.35 is specified.

         (6)   For paragraph 57A‑6 (1) (c) of the Act, for a post‑2008 reform resident who:

                (a)    first entered a residential care service for the provision of residential care (other than respite care) after 30 June 2004; and

               (b)    receives an income support payment; and

                (c)    enters care:

(i)       after 19 March 2008 and before 20 September 2008 — $19.56 is specified;

(ii)      on or after 20 September 2008 and before 20 March 2009 — $21.39 is specified; or

(iii)      on or after 20 March 2009 and before 20 September 2009 — $23.22 is specified.

         (7)   For paragraph 57A‑6 (1) (c) of the Act, for a post‑2008 reform resident who:

                (a)    first entered a residential care service for the provision of residential care (other than respite care) after 30 June 2004; and

               (b)    does not receive an income support payment; and

                (c)    is receiving care through  a service that meets the building requirements mentioned in section 21.11B of the Residential Care Subsidy Principles 1997; and

               (d)    enters care after 19 March 2008 and before 20 September 2009 — $26.88 is specified.

         (8)   For paragraph 57A‑6 (1) (c) of the Act, for a post‑2008 reform resident who:

                (a)    first entered a residential care service for the provision of residential care (other than respite care) after 30 June 2004; and

               (b)    does not receive an income support payment; and

                (c)    is receiving care through a service that does not meet the building requirements mentioned in section 21.11B of the Residential Care Subsidy Principles 1997; and

               (d)    enters care:

(i)       after 19 March 2008 and before 20 September 2008 — $24.37 is specified;

(ii)      on or after 20 September 2008 and before 20 March 2009 — $25.06 is specified or

(iii)               on or after 20 March 2009 and before 20 September 2009 — $25.28 is specified.

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.