Residential Care Subsidy Amendment Principles 2011 (No. )

Schedule 1 Amendments

(section 3)

[1] Section 21.24

substitute

21.24 Purpose of Part (Act s 44-16)

This Part provides for additional primary supplements, including payroll tax supplement, transitional supplement, basic daily fee supplement and conditional adjustment payment (CAP), and specifies the circumstances in which they will apply.

[2] After section 21.25E

insert

Division 3A Basic Daily Fee supplement

21.25F Basic daily fee supplement

(1) An approved provider is eligible for the basic daily fee supplement for a particular day in a payment period that commences on or after 1 July 2012 if:

(a) residential care (other than respite care) is provided to an eligible care recipient on that day; and

(b) the approved provider complies with subsection (3) in respect of that day.

(2) For subsection (1):

eligible care recipient means a care recipient:

(a) who was not in receipt of one or more of the following clean energy qualifying payments listed in subsection 914(4) of the Social Security Act 1991 on 1 July 2012:

(i) age pension;

(ii) seniors supplement; and

(b) who was not in receipt of one or more of the following clean energy underlying payments listed in subsection 5Q(1) of the Veterans’ Entitlements Act 1986 on 1 July 2012:

(i) service pension;

(ii) seniors supplement; and

(d) in respect of whom the approved provider received subsidy under Chapter 3 of the Act for providing residential care on

1 July 2012;

(e) in respect of whom the approved provider has continued to receive subsidy under Chapter 3 of the Act for providing residential care for each day since 1 July 2012.

(3) The approved provider complies with this subsection if the approved provider charges the eligible care recipient no more than the maximum daily amount of resident fees permitted under Division 58 of the Act minus an amount obtained by rounding down to the nearest cent an amount equal to 1% of the basic age pension amount (worked out on a per day basis).

Note Under paragraph 56-1(m) of the Act and section 23.14A of the User Rights Principles the approved provider has a responsibility to give an eligible care recipient, or his or her representative, information about the effect of this section on the amount of resident fees an eligible care recipient can be required to pay.

[3] After section 21.32D

insert

21.32E Exclusion from determination — clean energy payments

(1) This section applies to an approved care recipient who is receiving residential care.

(2) The following amounts are specified:

(a) any amount of clean energy advance, clean energy supplement or quarterly clean energy supplement paid to the care recipient under the Social Security Act 1991;

(b) any amount of clean energy advance, clean energy supplement or quarterly clean energy supplement paid to the care recipient under the Veterans’ Entitlements Act 1986.

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Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au