Residential Care Subsidy Amendment Principles 2005 (No. 4)

as amended

made under section 96-1 (1) of the

Aged Care Act 1997

This compilation was prepared on 25 October 2005
taking into account amendments up to Residential Care Subsidy Amendment Principles 2005 (No. 4) Amendment Instrument 2005

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1 Name of Principles [see Note 1]

 2 Commencement 

 3 Amendment of Residential Care Subsidy Principles 1997

Notes   

1 Name of Principles [see Note 1]

  These Principles are the Residential Care Subsidy Amendment Principles 2005 (No. 5).

2 Commencement

  These Principles are taken to have commenced on 1 January 2005.

3 Amendment of Residential Care Subsidy Principles 1997

  Schedule 1 amends the Residential Care Subsidy Principles 1997.

Schedule 1 Amendment

(section 3)

[1] Part 14

substitute

Part 14 Viability supplement

21.33 Purpose of Part (Act, s 44-29)

21.34 Definitions for Part 14

  In this Part:

Amount Determination, for a day, means the determination under subsection 44-29 (8) of the Act that is in force on that day.

1997 scheme service means a residential care service that:

 (a) meets the requirements of subsection 21.35A (1); and

 (b) does not meet the requirements of subsection 21.35C (3).

2001 scheme service means a residential care service that:

 (a) meets the requirements of subsection 21.35B (1) or (3); and

 (b) does not meet the requirements of subsection 21.35C (4).

2005 scheme service means a residential care service that meets the requirements of subsection 21.35C (1), (3) or (4).

21.35 Other matters to which the Secretary must have regard

  For subsection 44-29 (2) of the Act, the Secretary must have regard to whether a residential care service is a 1997 scheme service, a 2001 scheme service or a 2005 scheme service.

21.35A 1997 scheme services

 (1) A residential care service meets the requirements of this subsection if:

 (a) the service was in operation on 31 December 2004, and, on that date, the point score of the service would have been at least 60 points, under the scoring system set out in the following table; and

 (b) on 1 January 2005, the point score of the service is either:

 (i) less than 50 points, under the scoring system set out in the table in subsection 21.35C (1); or

 (ii) if the amount of viability supplement payable under the Amount Determination for a day in respect of a care recipient to whom care is provided through the service as a 2005 scheme service is less than the amount of viability supplement payable in respect of the care recipient for the day if the service were treated as a 1997 scheme service — at least 50 points, under the scoring system set out in the table in subsection 21.35C (1).

 (2) For subsection (1):

 (a) a location of a particular kind is a statistical local area of that kind defined in ‘Rural, Remote and Metropolitan Area Classification’, 1991 Census Edition, published by the Australian Government Publishing Service, November 1994; and

 (b) a service is taken to be unable to co-locate with another service if it is:

 (i) not on the same site as, or on an adjoining site to, another residential care or multi-purpose service; or

 (ii) on the same site as, or an adjoining site to another residential care or multi-purpose service, but the total of the residential places and non-acute beds on the same or adjacent sites is less than 45; or

 (iii) more than 25 kilometres from the nearest residential care service; or

 (iv) not more than 25 kilometres from the nearest residential care service, but the total number of places in both services is:

 (A) for a service in a remote zone — less than 30 beds; or

 (B) for a service not in a remote zone — less than 16 beds; and

 (c) multi-purpose service has the meaning given by section 15.3 of the Flexible Care Subsidy Principles 1997; and

 (d) points may be scored under only 1 paragraph in an item that has paragraphs.

21.35B 2001 scheme services

 (1) A residential care service meets the requirements of this subsection if:

 (a) the service was in operation on 31 December 2004, and, on that date, the point score of the service would have been at least 40 points, under the scoring system set out in the following table; and

 (b) on 1 January 2005, the point score of the service is either:

 (i) less than 50 points, under the scoring system set out in the table in subsection 21.35C (1); or

 (ii) if the amount of viability supplement payable under the Amount Determination for a day in respect of a care recipient to whom care is provided through the service as a 2005 scheme service is less than the amount of viability supplement payable in respect of the care recipient for the day if the service were treated as a 2001 scheme service — at least 50 points, under the scoring system set out in the table in subsection 21.35C (1).

 (2) In this section:

accessible location means a location that has an ARIA score of more than 1.84, but not more than 3.51.

ARIA means the ‘Accessibility/Remoteness Index of Australia (ARIA)’, Occasional Papers Series No. 6, prepared by the Department of Health and Aged Care and the National Centre for Social Applications of Geographic Information Systems, University of Adelaide, and published in March 1999 by the Department of Health and Aged Care.

ARIA score, in relation to a location, means the score given to that location under the document titled ‘Viability Funding — ARIA scores for locations as at 30 July 1999’, published by the Department of Health and Aged Care.

highly accessible location means a location that has an ARIA score of not more than 1.84.

moderately accessible location means a location that has an ARIA score of more than 3.51, but not more than 5.8.

remote location means a location that has an ARIA score of more than 5.8, but not more than 9.08.

very remote location means a location that has an ARIA score of more than 9.08, but not more than 12.

 (3) A residential care service meets the requirements of this subsection if:

 (a) the service commences operating on or after 1 January 2005 and before 1 July 2005; and

 (b) on the day that the service commences operating, the point score of the service:

 (i) is at least 40 points, under the scoring system set out in subsection (1); and

 (ii) is either:

 (A) less than 50 points, under the scoring system set out in the table in subsection 21.35C (1); or

 (B) if the amount of viability supplement payable under the Amount Determination for that day in respect of a care recipient to whom care is provided through the service as a 2005 scheme service is less than the amount of viability supplement payable in respect of the care recipient for that day if the service were treated as a 2001 scheme service — at least 50 points, under the scoring system set out in the table in subsection 21.35C (1).

21.35C 2005 scheme services

 (1) A residential care service meets the requirements of this subsection if, on or after 1 January 2005, the service:

 (a) is not a 1997 scheme service or a 2001 scheme service; and

 (b) scores at least 50 points, under the scoring system set out in the following table.

 (2) In this section:

accessible location has the meaning given by subsection 21.35B (2).

ARIA has the meaning given by subsection 21.35B (2).

ARIA score has the meaning given by subsection 21.35B (2).

highly accessible location has the meaning given by subsection 21.35B (2).

moderately accessible location has the meaning given by subsection 21.35B (2).

remote location has the meaning given by subsection 21.35B (2).

very remote location has the meaning given by subsection 21.35B (2).

 (3) A residential care service meets the requirements of this subsection if the service meets the requirements of subsection 21.35A (1) (that is, for a 1997 scheme service) and, on at least 1 day on or after 1 January 2005:

 (a) the service scores at least 50 points, under the scoring system set out in the table in subsection (1); and

 (b) the amount of viability supplement payable under the Amount Determination for a day in respect of a care recipient to whom care is provided through the service as a 2005 scheme service is the same as or greater than the amount of viability supplement payable in respect of the care recipient for the day if the service were treated as a 1997 scheme service.

 (4) A residential care service meets the requirements of this subsection if the service meets the requirements of subsection 21.35B (1) or (3) (that is, for a 2001 scheme service) and, on at least 1 day on or after 1 January 2005:

 (a) the service scores at least 50 points, under the scoring system set out in the table in subsection (1); and

 (b) the amount of viability supplement payable under the Amount Determination for a day in respect of a care recipient to whom care is provided through the service as a 2005 scheme service is the same as or greater than the amount of viability supplement payable in respect of the care recipient for the day if the service were treated as a 2001 scheme service.

Notes to the Residential Care Subsidy Amendment Principles 2005 (No. 4)

Note 1

The Residential Care Subsidy Amendment Principles 2005 (No. 4) (in force under section 96-1 (1) of the Aged Care Act 1997) as shown in this compilation is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Table of Amendments