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Determinations/Aged Care as amended, taking into account amendments up to Aged Care (Transitional Provisions) (Residential Care Subsidy) Amendment (Residential Aged Care Funding) Determination 2022
Administered by: Health and Aged Care
Registered 08 Oct 2022
Start Date 01 Oct 2022
Table of contents.

Commonwealth Coat of Arms of Australia

Aged Care (Transitional Provisions) (Residential Care Subsidy) Determination 2014

made under paragraph 44‑5B(1)(c) of the

Aged Care (Transitional Provisions) Act 1997

Compilation No. 1

Compilation date:                              1 October 2022

Includes amendments up to:            F2022L01277

Registered:                                         8 October 2022

About this compilation

This compilation

This is a compilation of the Aged Care (Transitional Provisions) (Residential Care Subsidy) Determination 2014 that shows the text of the law as amended and in force on 1 October 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name of determination.................................................................................................. 1

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

4............ Definitions..................................................................................................................... 1

5............ Amount of asset threshold for supported residents....................................................... 1

Endnotes                                                                                                                                                                 2

Endnote 1—About the endnotes                                                                                                        2

Endnote 2—Abbreviation key                                                                                                            3

Endnote 3—Legislation history                                                                                                         4

Endnote 4—Amendment history                                                                                                       5

 


1  Name of determination

                   This determination is the Aged Care (Transitional Provisions) (Residential Care Subsidy) Determination 2014.

3  Authority

                   This determination is made under paragraph 44‑5B(1)(c) of the Aged Care (Transitional Provisions) Act 1997.

4  Definitions

                   In this determination:

Transitional Provisions Act means the Aged Care (Transitional Provisions) Act 1997.

5  Amount of asset threshold for supported residents

                   For the purposes of paragraph 44‑5B(1)(c) of the Transitional Provisions Act, the amount in relation to a day for a person is the amount worked out using the following formula:

Start formula open bracket Applicable amount times 2080 close bracket plus Lower asset threshold end formula

where:

applicable amount means the applicable amount for the day for the person within the meaning of section 82 of the Aged Care (Transitional Provisions) (Subsidy and Other Measures) Determination 2014.

lower asset threshold means the amount worked out by rounding to the nearest $500 (rounding up in the case of $250 or more) the amount equal to 2.5 times the basic age pension amount (within the meaning of the Transitional Provisions Act) at the time that applies under section 43 of the Aged Care (Transitional Provisions) Principles 2014 in relation to the person.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Aged Care (Transitional Provisions) (Residential Care Subsidy) Determination 2014

28 June 2014 (F2014L00876)

1 July 2014 (s 2)

 

Aged Care (Transitional Provisions) (Residential Care Subsidy) Amendment (Residential Aged Care Funding) Determination 2022

29 Sept 2022 (F2022L01277)

1 Oct 2022 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

rep LA s 48D

s 3.............................................

am F2022L01277

s 5.............................................

rs F2022L01277

s 6.............................................

rep F2022L01277