Federal Register of Legislation - Australian Government

Primary content

Principles as made
This instrument amends the Subsidy Principles 2014 to confirm the current policy for the treatment of a refundable accommodation deposit (RAD) for means testing purposes where the RAD is funded (in part or in full) by a loan and to include a clause that outlines arrangements for leave to be taken from the Innovative Pool Programme.
Administered by: Health
Registered 14 Oct 2016
Tabling HistoryDate
Tabled HR19-Oct-2016
Tabled Senate07-Nov-2016
Date of repeal 16 Oct 2016
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

 

Subsidy Amendment (Flexible Care Subsidy and Other Measures) Principles 2016

I, Sussan Ley, Minister for Health and Aged Care, make the following principles.

Dated   4 October 2016

Sussan Ley

Minister for Health and Aged Care

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Subsidy Principles 2014                                                                                                                       2

 


1  Name

                   These are the Subsidy Amendment (Flexible Care Subsidy and Other Measures) Principles 2016.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

15 October 2016

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Aged Care Act 1997.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Subsidy Principles 2014

1  After subsection 47(2)

Insert:

          (2A)  Also, subsection 1121(1) of the Social Security Act does not apply, for the purposes of working out the value of the person’s assets, to a charge or encumbrance over the amount of any refundable deposit balance in respect of a refundable deposit paid by the person.

2  Section 102 (heading)

Repeal the heading, substitute:

102  Circumstances in which flexible care is taken to be provided—places held for provision of care through multi‑purpose service

3  At the end of Division 2 of Part 1 of Chapter 4

Add:

102A  Circumstances in which flexible care is taken to be provided to certain care recipients with disabilities

             (1)  This section applies in relation to a care recipient with a disability if:

                     (a)  the care recipient is being provided with flexible care by an approved provider through an innovative care service; and

                     (b)  the flexible care is provided in disability supported accommodation that is funded by a State or Territory; and

                     (c)  the care recipient was receiving aged care services under the Aged Care Innovative Pool Disability Aged Care Programme on 25 May 2006.

             (2)  For subparagraph 50‑1(1)(b)(iii) of the Act, the approved provider is taken to provide flexible care to the care recipient on each day during which the care recipient is on leave under this section from the premises where the accommodation is provided.

             (3)  The care recipient is on leave under this section from the premises on each day of any period of continuous days (up to a maximum of 30 continuous days in each period) during which the care recipient attends a hospital for the purpose of receiving hospital treatment.

             (4)  The care recipient is on leave under this section from the premises on each day (up to a maximum of 52 days in a financial year) during which the care recipient is absent from the premises, other than to attend a hospital for the purpose of receiving hospital treatment.

             (5)  In working out the days on which a care recipient is on leave under this section from the premises:

                     (a)  include the day on which the period of leave commenced; and

                     (b)  do not include the day on which the provision of flexible care to the care recipient recommenced.

Note 1:       Absences that do not include an overnight absence are not counted as leave because of paragraph (5)(b).

Note 2:       If a care recipient is not taken to have been provided with flexible care by the approved provider on a day because the maximum number of days under subsection (3) or (4) has been exceeded, the approved provider will not be eligible for flexible care subsidy in respect of the care recipient and the day.

             (6)  If the care recipient permanently leaves the premises where the accommodation is provided:

                     (a)  the care recipient is not on leave under this section from the premises on the day the care recipient leaves the premises; and

                     (b)  the approved provider is taken not to provide flexible care to the care recipient on that day.

4  Section 110 (heading)

Repeal the heading, substitute:

110  Flexible care provided through innovative care service—general

5  At the end of Division 3 of Part 2 of Chapter 4

Add:

110A  Flexible care provided through innovative care service to certain care recipients with disabilities

             (1)  This section applies if:

                     (a)  an approved provider (the first approved provider) is taken to provide flexible care to a care recipient with a disability during a day (the leave day) when the care recipient is on leave under section 102A from the premises where the flexible care is provided; and

                     (b)  the first approved provider is eligible for flexible care subsidy in respect of the flexible care provided to the care recipient during the leave day; and

                     (c)  another approved provider is also eligible for flexible care subsidy in respect of flexible care provided to the care recipient during the leave day; and

                     (d)  the first provider started providing flexible care to the care recipient before the other approved provider.

             (2)  Flexible care subsidy is not payable to the other approved provider in respect of the flexible care provided to the care recipient during the leave day.