I, JUSTINE ELLIOT, Minister for Ageing, make this Determination under subsection 44‑13(6) of the Aged Care Act 1997.

Dated                       June 11th                                                      2009

JUSTINE ELLIOT

1              Name of Determination

                This Determination is the Aged Care (Residential Care Subsidy – Amount of Oxygen Supplement) Determination 2009 (No. 1).

2              Commencement

                This Determination commences on 1 July 2009.

3              Revocation

                The Aged Care Act 1997 – Determination under section 44-13 made on 16 June 2008, also known as ACA Ch.3 No.13/2008 and F2008L02229, is revoked.

4              Amount of Oxygen Supplement

         (1)   Subject to subsection (2), the amount of oxygen supplement payable in respect of a day is $9.51.

         (2)   Where the actual cost to the approved provider of administering oxygen to the care recipient is equal to, or more than, 125% of the amount referred to in subsection (1) (i.e. $11.89), the amount of the oxygen supplement payable in respect of a day is an amount equivalent to that actual cost.