User Rights Amendment Principles 2004 (No. 1)
I, JULIE BISHOP, Minister for Ageing, make these Principles under subsection 96‑1 (1) of the Aged Care Act 1997.
Dated 25 June 2004
JULIE BISHOP
Minister for Ageing

1	Name of Principles
		These Principles are the User Rights Amendment Principles 2004 (No. 1)
2	Commencement
		These Principles commence on 1 July 2004.
3	Amendment of User Rights Principles 1997
		Schedule 1 amends the User Rights Principles 1997.

Schedule 1	Amendments
(section 3)
  
[1]	Subsection 23.81P (1)
omit everything before paragraph (a), insert
	(1)	For paragraph 57A-6 (1) (c) of the Act, the following amounts are specified for a person who first entered a residential care service for the provision of residential care (other than respite care) before 1 July 2004:
[2]	After subsection 23.81P (2)
insert
	(3)	For paragraph 57A-6 (1) (c) of the Act, the following amounts are specified for a person who first entered a residential care service for the provision of residential care (other than respite care) on or after 1 July 2004:
	(a)	for an assisted resident — A;
	(b)	for any other care resident — B.
Note   The specified amount applies only if paragraph 57A-6 (1) (a) or (b) does not apply.
	(4)	In subsection (3):
A is:
	(a)	for the financial year starting on 1 July 2004 — $9.30; or
	(b)	for a later financial year — the amount worked out under section 23.81Q for the financial year.
B is:
	(a)	for the financial year starting on 1 July 2004 — $16.25; or
	(b)	for a later financial year — the amount worked out under section 23.81Q for the financial year.
[3]	Subsection 23.81Q (1), definition of earlier CPI number
substitute
earlier CPI number, for a financial year, means:
	(a)	for the purpose of working out an amount under subsection 23.81P (2):
	(i)	the CPI number for the last March quarter before the beginning of the financial year (the most recent earlier CPI number); or
	(ii)	if the CPI number for the March quarter of an earlier financial year that started on or after 1 July 1998 is higher than the most recent earlier CPI number — the higher CPI number; and
	(b)	for the purpose of working out an amount under subsection 23.81P (4):
	(i)	the CPI number for the last March quarter before the beginning of the financial year (the most recent earlier CPI number); or
	(ii)	if the CPI number for the March quarter of an earlier financial year that started on or after 1 July 2003 is higher than the most recent earlier CPI number — the higher CPI number.
[4]	Subsection 23.81Q (1), definition of indexed element
substitute
indexed element means:
	(a)	for the purpose of working out an amount under subsection 23.81P (2) — the element X or Y mentioned in that subsection; or
	(b)	for the purpose of working out an amount under subsection 23.81P (4) — the element A or B mentioned in that subsection.
[5]	Subsection 23.81Q (2)
substitute
	(2)	For the purpose of working out an amount under subsection 23.81P (2) for a financial year, if the latest CPI number is more than the earlier CPI number, the amount of each indexed element is increased on 1 July of the next financial year.
	(2A)	For the purpose of working out an amount under subsection 23.81P (4) for a financial year, if the latest CPI number is more than the earlier CPI number, the amount of each indexed element is increased on 1 July of the next financial year.