1 Name
This instrument is the Aged Care Legislation Amendment (Subsidies—Residential Care Support Supplement) Instrument 2021.
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. | 30 March 2021 |
Note: This table relates only to the provisions of this instrument as originally made.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 under the following:
(a) the Aged Care Act 1997;
(b) the Aged Care (Transitional Provisions) 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1—Amendments
Aged Care (Subsidy, Fees and Payments) Determination 2014
1 At the end of Part 4 of Chapter 2
Add:
Division 7—Residential care support supplement (for February 2021 payment period)
64C Purpose of this Division
(1) For the purposes of subsection 44‑27(3) of the Act, this Division sets out the amount of the residential care support supplement for a day for a care recipient.
(2) For the purposes of this Division, the residential care support supplement is the residential care support supplement set out in Subdivision G of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014.
64D Amount of residential care support supplement (for February 2021 payment period)
The amount of the residential care support supplement for a day for a care recipient is:
(a) for a care recipient provided with residential care through a residential care service with a street address that has a Modified Monash Model classification of MMM 1—$27.25; and
(b) for a care recipient provided with residential care through a residential care service with a street address that has a Modified Monash Model classification of MMM 2, MMM 3, MMM 4, MMM 5, MMM 6 or MMM 7—$40.88.
2 After section 91A
Insert:
91B Amount of flexible care subsidy for February 2021 (addition of residential care support supplement equivalent amount)
(1) Despite section 91, for a day in the period between 1 February 2021 and 28 February 2021, the amount of flexible care subsidy payable for the day in respect of flexible care that is provided through a multi‑purpose service is the sum of:
(a) the amount worked out under section 91 for the day and the service; and
(b) the amount worked out by multiplying:
(i) the residential care support supplement equivalent amount for the service; and
(ii) the number of high care places and low care places allocated in respect of the service.
(2) In this section:
residential care support supplement equivalent amount, for a multi‑purpose service, means:
(a) if the street address of the service has a Modified Monash Model classification of MMM 1—$27.25; or
(b) if the street address of the service has a Modified Monash Model classification of MMM 2, MMM 3, MMM 4, MMM 5, MMM 6 or MMM 7—$40.88.
Aged Care (Transitional Provisions) Principles 2014
3 At the end of paragraph 17(h)
Add:
; (iv) the residential care support supplement.
4 At the end of Division 8 of Part 3 of Chapter 2
Add:
Subdivision F—Residential care support supplement (for February 2021 payment period)
64A Residential care support supplement (for February 2021 payment period)
For the purposes of paragraph 44‑27(1)(e) of the Transitional Provisions Act, the residential care support supplement for a care recipient in respect of the payment period beginning on 1 February 2021 is the sum of all the residential care support supplements for the days during the period on which the care recipient was provided with residential care through the residential care service in question.
Aged Care (Transitional Provisions) (Subsidy and Other Measures) Determination 2014
5 At the end of Part 4 of Chapter 2
Add:
Division 7—Residential care support supplement (for February 2021 payment period)
79C Purpose of this Division
(1) For the purposes of subsection 44‑27(3) of the Transitional Provisions Act, this Division sets out the amount of the residential care support supplement for a day for a care recipient.
(2) For the purposes of this Division, the residential care support supplement is the residential care support supplement set out in Subdivision F of Division 8 of Part 3 of Chapter 2 of the Transitional Provisions Principles.
79D Amount of residential care support supplement (for February 2021 payment period)
The amount of the residential care support supplement for a day for a care recipient is:
(a) for a care recipient provided with residential care through a residential care service with a street address that has a Modified Monash Model classification of MMM 1—$27.25; and
(b) for a care recipient provided with residential care through a residential care service with a street address that has a Modified Monash Model classification of MMM 2, MMM 3, MMM 4, MMM 5, MMM 6 or MMM 7—$40.88.
Subsidy Principles 2014
6 At the end of paragraph 20(e)
Add:
; (v) the residential care support supplement.
7 At the end of Division 5 of Part 3 of Chapter 2
Add:
Subdivision G—Residential care support supplement (for February 2021 payment period)
70AC Residential care support supplement (for February 2021 payment period)
For the purposes of paragraph 44‑27(1)(c) of the Act, the residential care support supplement for a care recipient in respect of the payment period beginning on 1 February 2021 is the sum of all the residential care support supplements for the days during the period on which:
(a) the care recipient was provided with residential care through the residential care service in question; and
(b) the care recipient was eligible for a residential care support supplement under section 70AD.
70AD Eligibility for residential care support supplement
(1) A care recipient is eligible for a residential care support supplement on a particular day if, on that day, the care recipient is being provided with residential care other than as respite care.
(2) A care recipient is eligible for a residential care support supplement on a particular day if, on that day:
(a) the care recipient is being provided with residential care as respite care; and
(b) under Division 2 of Part 1 of Chapter 2 of the Aged Care (Subsidy, Fees and Payments) Determination 2014, the basic subsidy amount for the day for the care recipient is not nil.