Aged Care (Subsidy, Fees and Payments) Determination 2014

made under the

Aged Care Act 1997

Compilation No. 12

Compilation date:    20 March 2017

Includes amendments up to: F2017L00244

Registered:    24 March 2017

 

 

About this compilation

This compilation

This is a compilation of the Aged Care (Subsidy, Fees and Payments) Determination 2014 that shows the text of the law as amended and in force on 20 March 2017 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Chapter 1—Preliminary

1 Name of determination

3 Authority

4 Definitions

Chapter 2—Residential care subsidy

Part 1—Basic subsidy amount

Division 1—Care recipients receiving residential care other than as respite care

5 Purpose of this Division

6 Definitions

7 Basic subsidy amount for day on or after date of effect of ACFI classification

8 Basic subsidy amount for day before date of effect of ACFI classification—late receipt of appraisal or reappraisal

9 Basic subsidy amount for care recipients on extended hospital leave

Division 2—Care recipients receiving residential care as respite care

11 Purpose of this Division

12 Basic subsidy amount for days within maximum number for provision of respite care

13 Basic subsidy amount for days equal to or exceeding maximum number for provision of respite care

14 Basic subsidy amount for care recipient in residential care service exceeding respite care proportion

Part 2—Amounts of primary supplements

Division 1—Respite supplement

15 Purpose of this Division

16 Definitions

17 Care recipients whose classification level is low level residential respite care

18 Care recipients whose classification level is high level residential respite care

19 How to work out the actual proportion of respite care provided through a residential care service for a relevant year

20 How to work out the specified proportion of respite care provided through a residential care service for a relevant year

21 Number of days or proportion of specified care exceeded

Division 2—Oxygen supplement

22 Purpose of this Division

23 Amount of oxygen supplement

Division 3—Enteral feeding supplement

24 Purpose of this Division

25 Amount of enteral feeding supplement

Part 3—Reductions in subsidy

42 Purpose of this Part

43 Amount of adjusted subsidy reduction

44 Care subsidy reduction—annual cap

45 Care subsidy reduction—lifetime cap

46 Care subsidy reduction—means tested amount—first asset threshold and second asset threshold

47 Value of person’s assets—maximum home value

Part 4—Amounts of other supplements

Division 1—Accommodation supplement

48 Purpose of this Division

49 Definitions

50 Meaning of newly built residential care service

51 Amount of accommodation supplement—matters relating to relevant residential care service

52 Amount of accommodation supplement—matters relating to eligible care recipient

Division 2—Hardship supplement

53 Purpose of this Division

54 Amount of hardship supplement

Division 3—Viability supplement

55 Purpose of this Division

56 Definitions

57 Amount of viability supplement—care recipients being provided with residential care through 1997 scheme services

58 Amount of viability supplement—care recipients being provided with residential care through 2001 scheme services

59 Amount of viability supplement—care recipients being provided with residential care through 2005 scheme services

60 Amount of viability supplement—safety net for former 1997 scheme services and 2001 scheme services

60A Amount of viability supplement—care recipients being provided with residential care through 2017 scheme services

60B Amount of viability supplement—safety net for former 1997 scheme services, 2001 scheme services and certain 2005 scheme services

Division 4—Veterans’ supplement

61 Purpose of this Division

62 Amount of veterans’ supplement

Division 5—Homeless supplement

63 Purpose of this Division

64 Amount of homeless supplement

Chapter 3—Home care subsidy

Part 1—Basic subsidy amount

65 Purpose of this Part

66 Definitions

67 Basic subsidy amount—general

67A Basic subsidy amount—more than one approved provider eligible for subsidy in respect of a day and a care recipient

68 Basic subsidy amount—during suspension period

Part 2—Amounts of primary supplements

Division 1—Oxygen supplement

69 Purpose of this Division

70 Amount of oxygen supplement

Division 2—Enteral feeding supplement

71 Purpose of this Division

72 Amount of enteral feeding supplement

Division 3—Dementia and cognition supplement

73 Purpose of this Division

74 Amount of dementia and cognition supplement

Division 4—Veterans’ supplement

75 Purpose of this Division

76 Amount of veterans’ supplement

Part 3—Reductions in subsidy

77 Purpose of this Part

78 Care subsidy reduction—first cap and second cap

79 Care subsidy reduction—income threshold

80 Care subsidy reduction—annual cap

81 Care subsidy reduction—lifetime cap

Part 4—Amounts of other supplements

Division 1—Hardship supplement

82 Purpose of this Division

83 Amount of hardship supplement

Division 2—Viability supplement

84 Purpose of this Division

84A Definitions

85 Amount of viability supplement

Chapter 4—Flexible care subsidy

Part 1—Amount of flexible care subsidy—care provided through multipurpose service

Division 1—Preliminary

86 Purpose of this Part

87 Definitions

Division 2—Categories of multipurpose service

88 Category A services

89 Category B services

90 Category C services

90A Category D services

Division 3—Amount of flexible care subsidy

91 Amount of flexible care subsidy

92 Applicable amount for high care place

93 Applicable amount for low care place

94 Respite supplement equivalent amount

95 Dementia and veterans’ supplement equivalent amounts

96 Additional amount of home care subsidy

Division 4—Viability supplement equivalent amounts

97 Viability supplement equivalent amounts for Category A services

98 Viability supplement equivalent amounts for Category B services

99 Viability supplement equivalent amounts for Category C services

99A Viability supplement equivalent amounts for Category D services

Division 5—Adjusted subsidy reduction multipurpose services

100 Adjusted subsidy reduction multipurpose services

Division 6—Concessional resident equivalent amounts

101 Concessional resident equivalent amounts

Part 2—Amount of flexible care subsidy—care provided through innovative care service

102 Purpose of this Part

103 Definitions

104 Amount of flexible care subsidy

Part 3—Amount of flexible care subsidy—care provided as transition care

105 Purpose of this Part

106 Amount of flexible care subsidy

Part 4—Amount of flexible care subsidy—care provided as shortterm restorative care

106A Purpose of this Part

106B Amount of flexible care subsidy

Chapter 5—Fees and payments

Part 1—Home care fees

107 Purpose of this Part

108 Basic daily care fee

Part 2—Accommodation payments

109 Purpose of this Part

110 Maximum refundable accommodation deposit amount

111 Maximum daily accommodation payment amount

Part 3—Daily payments

112 Purpose of this Part

113 Maximum rate of interest that may be charged on outstanding amount of daily payment

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

Chapter 1Preliminary

 

 

1  Name of determination

  This determination is the Aged Care (Subsidy, Fees and Payments) Determination 2014.

3  Authority

  This determination is made under the Aged Care Act 1997.

4  Definitions

Note: A number of expressions used in this determination are defined in the Act, including the following:

(a) accommodation supplement;

(b) aged care service;

(c) approved provider;

(d) classification level;

(e) daily accommodation payment;

(f) daily payment;

(g) extended hospital leave;

(h) flexible care;

(i) flexible care service;

(j) flexible care subsidy;

(k) home care;

(l) home care service;

(m) maximum home value;

(n) member of a couple;

(o) prioritised home care recipient;

(p) residential care;

(q) residential care service;

(r) respite care.

  In this determination:

Act means the Aged Care Act 1997.

Modified Monash Model classification has the same meaning as in the Subsidy Principles 2014.

Chapter 2Residential care subsidy

Part 1Basic subsidy amount

Division 1Care recipients receiving residential care other than as respite care

5  Purpose of this Division

  For subsection 443(2) of the Act, this Division sets out the basic subsidy amount for a day for a care recipient who is being provided with residential care other than as respite care.

6  Definitions

  In this Division:

ACFI classification means a classification, or a renewal of a classification, of a care recipient under the Aged Care Act 1997 and:

 (a) the Classification Principles 1997, as in force on or after the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007; or

 (b) the Classification Principles 2014.

7  Basic subsidy amount for day on or after date of effect of ACFI classification

 (1) This section applies in relation to a care recipient and a day if the care recipient has an ACFI classification that is in effect on the day.

Note: For when a classification of a care recipient takes effect, see Division 26 of the Act.

 (2) The basic subsidy amount for the day for the care recipient is the ACFI amount for the care recipient.

 (3) For subsection (2), the ACFI amount for the care recipient is the sum of the domain amounts for each domain category in the care recipient’s ACFI classification, as set out in the following table.

 

ACFI amounts

Item

Domain category

Domain amount ($)

1

Nil ADL category

0

2

Low ADL category

36.65

3

Medium ADL category

79.80

4

High ADL category

110.55

5

Nil behaviour category

0

6

Low behaviour category

8.37

7

Medium behaviour category

17.36

8

High behaviour category

36.19

9

Nil CHC category

0

10

Low CHC category

16.37

11

Medium CHC category

46.62

12

High CHC category

67.32

8  Basic subsidy amount for day before date of effect of ACFI classification—late receipt of appraisal or reappraisal

Appraisal or reappraisal received within 3 months after end of appraisal or reappraisal period

 (1) Subsection (2) applies in relation to a care recipient and a day if:

 (a) on the day, the care recipient is taken, under subsection 251(4) of the Act, to have been classified at the lowest applicable classification level; and

 (b) either:

 (i) an appraisal in respect of the care recipient has been received by the Secretary in the 3 months beginning at the end of the period referred to in paragraph 261(a) or (b) of the Act (whichever is applicable); or

 (ii) a reappraisal in respect of the care recipient has been received by the Secretary in the 3 months beginning at the end of the reappraisal period for the classification determined under section 272 of the Act.

 (2) The basic subsidy amount for the day for the care recipient is:

 (a) if the ACFI amount for the care recipient under section 7, for the day the care recipient’s ACFI classification takes effect, is at least $25—the ACFI amount less $25; or

 (b) in any other case——nil.

Appraisal or reappraisal received more than 3 months after end of appraisal or reappraisal period

 (3) The basic subsidy amount for the day for a care recipient is nil if:

 (a) on the day, the care recipient is taken, under subsection 251(4) of the Act, to have been classified at the lowest applicable classification level; and

 (b) either:

 (i) an appraisal in respect of the care recipient has been received by the Secretary more than 3 months after the end of the period referred to in paragraph 261(a) or (b) of the Act (whichever is applicable); or

 (ii) a reappraisal in respect of the care recipient has been received by the Secretary more than 3 months after the end of the reappraisal period for the classification determined under section 272 of the Act.

9  Basic subsidy amount for care recipients on extended hospital leave

 (1) This section applies in relation to a care recipient and a day if, on the day, the care recipient:

 (a) has an ACFI classification that is in effect; and

 (b) is on extended hospital leave.

 (2) The basic subsidy amount for the day for the care recipient is:

 (a) for a day that is before the 29th day of the care recipient’s leave—the amount for the care recipient for the day under section 7 or 8 (whichever is applicable); or

 (b) for any other day—half of the basic subsidy amount for the care recipient for the 28th day of the care recipient’s leave.

Division 2Care recipients receiving residential care as respite care

11  Purpose of this Division

  For subsection 443(2) of the Act, this Division sets out the basic subsidy amount for a day for a care recipient who is being provided with residential care as respite care.

12  Basic subsidy amount for days within maximum number for provision of respite care

 (1) This section applies in relation to a care recipient on a day if, on that day, the number of days on which the care recipient had previously been provided with residential care as respite care during the financial year in which the day occurs does not equal or exceed the number specified under paragraph 23(1)(c) of the Subsidy Principles 2014.

 (2) Subject to section 14, the basic subsidy amount for the day for the care recipient is:

 (a) if the care recipient’s approval was, on 30 June 2014, limited to a low level of residential care (within the meaning of the Classification Principles 1997 as in force on 30 June 2014)—$45.45; or

 (b) if the care recipient’s approval was, on 30 June 2014, limited to a high level of residential care (within the meaning of the Classification Principles 1997 as in force on 30 June 2014)—$127.46; or

 (c) if the care recipient’s classification level is low level residential respite care—$45.45; or

 (d) if the care recipient’s classification level is high level residential respite care—$127.46.

13  Basic subsidy amount for days equal to or exceeding maximum number for provision of respite care

  The basic subsidy amount for a day for a care recipient is nil if, on that day, the number of days on which the care recipient had previously been provided with residential care as respite care during the financial year in which the day occurs equals or exceeds the number specified under paragraph 23(1)(c) of the Subsidy Principles 2014.

14  Basic subsidy amount for care recipient in residential care service exceeding respite care proportion

 (1) This section applies in relation to a care recipient who is being provided with residential care through a residential care service that provides a greater proportion of care to recipients of respite care than that specified in the conditions attached to the allocation of places to the approved provider in respect of the service.

 (2) The basic subsidy amount for a day for the care recipient is nil.

Part 2Amounts of primary supplements

Division 1Respite supplement

15  Purpose of this Division

 (1) For subsection 445(3) of the Act, this Division provides for the amount of the respite supplement for a day for a care recipient or the way in which that amount is to be worked out.

 (2) For this Division, the respite supplement is the respite supplement set out in Subdivision A of Division 3 of Part 3 of Chapter 2 of the Subsidy Principles 2014.

16  Definitions

  In this Division:

allocation of places, in relation to a residential care service, means an allocation of places to the approved provider of the residential care service made under Division 14 of the Act.

conditions, in relation to a residential care service, means conditions under section 145 or 146 of the Act attached to an allocation of places to the approved provider of the service.

17  Care recipients whose classification level is low level residential respite care

  If the classification level for a care recipient on a day is low level residential respite care, then the amount of the respite supplement for the day for the care recipient is, subject to section 21, $37.74.

18  Care recipients whose classification level is high level residential respite care

 (1) If the classification level for a care recipient on a day is high level residential respite care, then the amount of the respite supplement for the day for the care recipient is, subject to section 21, the sum of:

 (a) $52.90; and

 (b) if, for a relevant year, the actual proportion of respite care provided through the residential care service is equal to or more than 70% of the specified proportion of respite care for the approved provider of the service—$37.11.

 (4) For paragraph paragraph (1)(b):

 (a) the relevant year, in relation to a day, means a period of 12 months ending at the expiration of the month in which the day occurs; and

 (b) the actual proportion of respite care provided through a residential care service for a relevant year is the proportion of care, worked out using the method statement in section 19, provided through the service in that year to recipients of respite care; and

 (b) the specified proportion of respite care, for the approved provider of a residential care service and a relevant year, is the proportion of care, worked out using the method statement in section 20, specified in respect of recipients of respite care in the conditions attached to each allocation of places to the approved provider in the relevant year.

19  How to work out the actual proportion of respite care provided through a residential care service for a relevant year

 (1) For section 18, the actual proportion of respite care provided through a residential care service for a relevant year is worked out as follows:

Method statement

Step 1. Work out, for the relevant year and for each care recipient to whom the residential care service provided residential care in the relevant year, the total number of respite bed days provided by the residential care service.

Step 2. Add together each of the total numbers of respite bed days worked out under step 1.

Step 3. Identify, for each care recipient referred to in step 1, the total number of respite bed days provided to the care recipient in the relevant year that exceeded the maximum number of days on which residential care as respite care could be provided to the care recipient during the relevant financial year.

 Note: The maximum number of days on which a care recipient may be provided with residential care as respite care during a financial year is set out in section 23 of the Subsidy Principles 2014.

Step 4. Add together each of the total numbers of respite bed days identified under step 3.

Step 5. Identify each respite bed day provided by the residential care service in the relevant year that exceeded the proportion of care for recipients of respite care that was specified in the conditions that applied in respect of the residential care service at the time the respite bed day was provided.

Step 6. Add together all the respite bed days identified under step 5.

Step 7. Add the total number of respite bed days worked out under step 4 to the total number of respite bed days worked out under step 6.

Step 8. Subtract the sum worked out under step 7 from the total number of respite bed days worked out under step 2.

The result is the actual proportion of respite care provided through the residential care service for the relevant year.

Definitions

 (2) In this section:

respite bed day, in relation to a residential care service and a care recipient, means a day on which the residential care service provided the care recipient with residential care as respite care.

20  How to work out the specified proportion of respite care provided through a residential care service for a relevant year

 (1) For section 18, the specified proportion of respite care for the approved provider of a residential care service and a relevant year is worked out as follows:

Method statement

Step 1. Work out the proportion of care for recipients of respite care, expressed as a number of notional respite bed days, as specified in the conditions that applied in respect of the residential care service at the start of the relevant year.

Step 2. Work out the applicable period of time in relation to the proportion of care worked out under step 1.

Step 3. Multiply the proportion of care worked out under step 1 by the applicable period of time worked out under step 2.

Step 4. If the basis for the calculation of the proportion of care in relation to the residential care service changes during the relevant year, work out the proportion of care for recipients of respite care, expressed as a number of notional respite bed days, as specified in the conditions that applied at the time the change took effect.

Step 5. Work out the applicable period of time in relation to the proportion of care worked out under step 4.

Step 6. Multiply the proportion of care worked out under step 4 by the applicable period of time worked out under step 5.

Step 7. Repeat steps 4 to 6 in respect of each further change to the basis for the calculation of the proportion of care in relation to the residential care service in the relevant year.

Step 8. Add the amount worked out under step 3 to any amount or amounts worked out under step 6.

The result is the specified proportion of respite care for the approved provider of a residential care service for the relevant year.

When a proportion of care is taken to have been in effect

 (2) For this section, a proportion of care is taken to have been in effect in relation to a residential care service for the period that:

 (a) commences on the first day of the relevant year or the first day on which the basis for the calculation of the proportion of care changed (as applicable); and

 (b) ends on the last day of the relevant year or the last day before the day on which the basis for the calculation of the proportion of care changed (as applicable).

Definitions

 (3) In this section:

applicable period of time, in relation to a proportion of care worked out under step 1 or 4 (as applicable) of the method statement in subsection (1) and a residential care service, means the period (expressed as a number of days) during which the proportion of care was in effect in the relevant year in relation to the service, as described in subsection (2).

basis for the calculation of the proportion of care, in relation to a residential care service, means any factor that is relevant to the calculation of the proportion of care through the service, including:

 (a) the number of places allocated in respect of the residential care service; and

 (b) the conditions in relation to the residential care service.

notional respite bed day, in relation to a residential care service, means a day on which the residential care service is required to provide a care recipient with residential care as respite care.

21  Number of days or proportion of specified care exceeded

Maximum number of days exceeded

 (1) For a care recipient in respect of whom the maximum number of days on which the care recipient may be provided with residential care as respite care during the relevant financial year has been exceeded, the amount of the respite supplement for a day is nil.

Note: The maximum number of days on which a care recipient may be provided with residential care as respite care during a financial year is set out in section 23 of the Subsidy Principles 2014.

Proportion of specified care exceeded

 (2) For a care recipient to whom residential care is provided through a residential care service that provides a greater proportion of care to recipients of respite care than that (if any) specified in the conditions attached to the allocation of places to the approved provider in respect of the service, the amount of the respite supplement for a day is nil.

Division 2Oxygen supplement

22  Purpose of this Division

 (1) For subsection 445(3) of the Act, this Division sets out the amount of the oxygen supplement for a day for a care recipient.

 (2) For this Division, the oxygen supplement is the oxygen supplement set out in Subdivision B of Division 3 of Part 3 of Chapter 2 of the Subsidy Principles 2014.

23  Amount of oxygen supplement

 (1) Subject to subsection (2), the amount of the oxygen supplement for a day for a care recipient is $11.12.

 (2) If the actual cost to the approved provider of providing oxygen to the care recipient on the day is equal to or more than 125% of the amount referred to in subsection (1) (that is, $13.90), the amount of the oxygen supplement for the day for the care recipient is the amount equivalent to that actual cost.

Division 3Enteral feeding supplement

24  Purpose of this Division

 (1) For subsection 445(3) of the Act, this Division sets out the amount of the enteral feeding supplement for a day for a care recipient.

 (2) For this Division, the enteral feeding supplement is the enteral feeding supplement set out in Subdivision C of Division 3 of Part 3 of Chapter 2 of the Subsidy Principles 2014.

25  Amount of enteral feeding supplement

 (1) Subject to subsection (2), the amount of the enteral feeding supplement for a day for a care recipient is:

 (a) for bolus feeding—$17.62; and

 (b) for nonbolus feeding—$19.79.

 (2) If the actual cost to the approved provider of providing enteral feeding to the care recipient on the day is equal to or more than 125% of the applicable amount referred to in subsection (1) (that is, $22.02 for bolus feeding and $24.74 for non-bolus feeding), the amount of the enteral feeding supplement for the day for the care recipient is the amount equivalent to that actual cost.

Part 3Reductions in subsidy

 

42  Purpose of this Part

  This Part sets out the following:

 (a) for subsection 4419(2) of the Act—the amount of the adjusted subsidy reduction for a day for a care recipient;

 (b) for subsection 4421(7) of the Act—the annual cap for a startdate year for certain classes of care recipients;

 (c) for subsection 4421(8) of the Act—the lifetime cap for a care recipient;

 (d) for subsection 4422(3) of the Act—the first asset threshold and the second asset threshold;

 (e) for the definition of maximum home value in subsection 4426B(1) of the Act—the amount of that value.

43  Amount of adjusted subsidy reduction

  For subsection 4419(2) of the Act, the amount of the adjusted subsidy reduction for a day for a care recipient is $12.85.

44  Care subsidy reduction—annual cap

  For subsection 4421(7) of the Act, the annual cap applying at a time in a startdate year for a care recipient is $26 380.51.

Note: Startdate year is defined in clause 1 of Schedule 1 to the Act.

45  Care subsidy reduction—lifetime cap

  For subsection 4421(8) of the Act, the lifetime cap for a care recipient is
$63 313.28.

46  Care subsidy reduction—means tested amount—first asset threshold and second asset threshold

  For subsection 4422(3) of the Act:

 (a) the first asset threshold is $162 087.20; and

 (b) the second asset threshold is $391 261.60.

47  Value of person’s assets—maximum home value

  For the definition of maximum home value in subsection 4426B(1) of the Act, the amount is $162 087.20.

Part 4Amounts of other supplements

Division 1Accommodation supplement

48  Purpose of this Division

  For subsection 4428(4) of the Act, this Division sets out the amount of accommodation supplement for a day for an eligible care recipient.

Note: See also Subdivision A of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014.

49  Definitions

  In this Division:

assisted resident has the meaning given by clause 1 of Schedule 1 to the Aged Care (Transitional Provisions) Act 1997.

concessional resident has the meaning given by clause 1 of Schedule 1 to the Aged Care (Transitional Provisions) Act 1997.

eligible care recipient means a care recipient who is eligible for accommodation supplement on a day under section 4428 of the Act.

lowmeans care recipient has the same meaning as in the Subsidy Principles 2014.

newly built residential care service has the meaning given by section 50.

post2008 reform resident has the meaning given by section 445C of the Aged Care (Transitional Provisions) Act 1997.

relevant resident has the same meaning as in the Subsidy Principles 2014.

relevant residential care service, in relation to an eligible care recipient and a day, means the residential care service through which the care recipient is being provided with residential care on that day.

significantly refurbished residential care service has the same meaning as in the Subsidy Principles 2014.

supported resident has the meaning given by clause 1 of Schedule 1 to the Aged Care (Transitional Provisions) Act 1997.

50  Meaning of newly built residential care service

 (1) A residential care service is a newly built residential care service if:

 (a) each building in which residential care is provided to care recipients through the service was completed on or after 20 April 2012; or

 (b) each building in which residential care is provided to care recipients through the service was converted, on or after 20 April 2012, from one or more buildings that, before that date, were used for a purpose other than providing residential care to care recipients through a residential care service.

 (2) A residential care service is also a newly built residential care service if:

 (a) more than one building is used to provide residential care to care recipients through the service; and

 (b) one or more of those buildings was:

 (i) completed on or after 20 April 2012; or

 (ii) converted, on or after 20 April 2012, from one or more buildings that, before that date, were used for a purpose other than providing residential care to care recipients through a residential care service; and

 (c) none of those buildings had been used, before 20 April 2012, to provide residential care to care recipients through a residential care service.

51  Amount of accommodation supplement—matters relating to relevant residential care service

 (1) The amount of accommodation supplement for a day for an eligible care recipient is $55.09 if, on the day, the relevant residential care service in relation to the care recipient meets the building requirements specified in Schedule 1 to the Aged Care (Transitional Provisions) Principles 2014 and is:

 (a) a newly built residential care service; or

 (b) a significantly refurbished residential care service.

 (2) The amount of accommodation supplement for a day for an eligible care recipient is $35.90 if, on the day, the relevant residential care service in relation to the care recipient:

 (a) is not covered by paragraph (1)(a) or (b); and

 (b) meets the building requirements specified in Schedule 1 to the Aged Care (Transitional Provisions) Principles 2014.

 (3) The amount of accommodation supplement for a day for an eligible care recipient is $30.17 if the relevant residential care service in relation to the care recipient is not covered by subsection (1) or (2) on the day.

 (4) Despite subsection (1), (2) or (3), the amount of accommodation supplement for a day for an eligible care recipient is the amount that applies under subsection (1), (2) or (3), reduced by 25%, if:

 (a) not more than 40% of care recipients to whom the relevant residential care service provides residential care, who are both post2008 reform residents and relevant residents, are lowmeans care recipients or supported residents; or

 (b) not more than 40% of relevant residents (if any) to whom the relevant residential care service provides residential care are assisted residents, concessional residents, lowmeans care recipients or supported residents.

 (5) Despite subsection (1), (2), (3) or (4), an amount of accommodation supplement is not payable for a day for an eligible care recipient under this section if subsection 52(1), (2) or (3) applies in relation to the day and the eligible care recipient.

52  Amount of accommodation supplement—matters relating to eligible care recipient

 (1) If an eligible care recipient’s means tested amount on a day is equal to or more than the amount of accommodation supplement for the day for the care recipient under section 51, the amount of accommodation supplement for the day for the care recipient is nil.

Note: Means tested amount is defined in section 4422 of the Act.

 (2) If an eligible care recipient’s means tested amount on a day is less than the amount of accommodation supplement for the day for the care recipient under section 51 but greater than zero, the amount of accommodation supplement for the day for the care recipient is the difference between:

 (a) the amount of accommodation supplement for the day for the care recipient under section 51; and

 (b) the care recipient’s means tested amount on the day.

 (3) If a financial hardship determination is in force under subsection 52K1(1) of the Act in relation to an eligible care recipient on a day, the amount of accommodation supplement for the day for the care recipient is the difference between:

 (a) the amount of accommodation supplement for the day for the care recipient under section 51; and

 (b) the amount specified in the determination.

Division 2Hardship supplement

53  Purpose of this Division

  For subsection 4430(5) of the Act, this Division sets out the amount of the hardship supplement for a day for a care recipient in relation to whom a determination is in force under section 4431 of the Act.

Note: See also Subdivision B of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014.

54  Amount of hardship supplement

 (1) The amount of the hardship supplement for a day for a care recipient in relation to whom a determination (a financial hardship determination) is in force under section 4431 of the Act is the amount that is the difference between:

 (a) the maximum daily amount of resident fees for the care recipient worked out under section 52C3 of the Act; and

 (b) the amount specified in the financial hardship determination.

Division 3Viability supplement

55  Purpose of this Division

 (1) For subsection 4427(3) of the Act, this Division sets out the amount of the viability supplement for a day for a care recipient.

 (2) For this Division, the viability supplement is the viability supplement set out in Subdivision C of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014.

56  Definitions

  In this Division:

1997 scheme service has the same meaning as in the Subsidy Principles 2014.

2001 scheme service has the same meaning as in the Subsidy Principles 2014.

2005 scheme service has the same meaning as in the Subsidy Principles 2014.

2017 scheme service has the same meaning as in the Subsidy Principles 2014.

Isolated Remote Area means a Statistical Local Area classified as “Other Remote” in the RRMA Classification.

Remote Centre means a Statistical Local Area classified as “Remote Centre” in the RRMA Classification.

RRMA Classification means the Rural, Remote and Metropolitan Area Classification, 1991 Census Edition, published by the Australian Government Publishing Service, as in force in November 1994.

Rural Outside Large Centre means a Statistical Local Area classified as “Other Rural” or “Small Rural Centre” in the RRMA Classification.

57  Amount of viability supplement—care recipients being provided with residential care through 1997 scheme services

  For a care recipient to whom residential care is provided through a 1997 scheme service on a day, the amount of the viability supplement for the day is the amount specified in the item in the following table that relates to the service on the day.

 

Amount of viability supplement

Item

Degree of isolation of service

Number of places allocated in respect of service

Amount ($)

1

Isolated Remote Area

less than 16

30.80

2

Isolated Remote Area

more than 15 but less than 30

18.94

3

Isolated Remote Area

30 or more

1.90

4

Remote Centre

less than 16

14.70

5

Remote Centre

more than 15 but less than 30

10.44

6

Remote Centre

30 or more

1.90

7

Rural Outside Large Centre

less than 16

6.19

8

Rural Outside Large Centre

more than 15 but less than 30

1.90

9

Rural Outside Large Centre

30 or more

1.90

10

An area not referred to in items 1 to 9

not applicable

1.90

Note: Terms used in this table are defined in section 56.

58  Amount of viability supplement—care recipients being provided with residential care through 2001 scheme services

  For a care recipient to whom residential care is provided through a 2001 scheme service on a day, the amount of the viability supplement for the day is the amount specified in the item in the following table for the score attained by the service on the day under the scoring system set out in the table in subsection 65(2) of the Subsidy Principles 2014.

 

Amount of viability supplement

Item

Score

Amount ($)

1

40

1.90

2

50

2.14

3

60

6.19

4

70

10.44

5

80

14.70

6

90

18.94

7

100

30.80

59  Amount of viability supplement—care recipients being provided with residential care through 2005 scheme services

  For a care recipient to whom residential care is provided through a 2005 scheme service on a day, the amount of the viability supplement for the day is the amount specified in the item in the following table for the score attained by the service on the day under the points calculator in subsection 66(2) of the Subsidy Principles 2014.

 

Amount of viability supplement

Item

Score

Amount ($)

1

50

4.62

2

55

6.92

3

60

10.36

4

65

12.66

5

70

18.48

6

75

23.03

7

80

28.78

8

85

34.58

9

90

40.33

10

95

44.92

11

100

50.69

60  Amount of viability supplement—safety net for former 1997 scheme services and 2001 scheme services

 (1) This section applies in relation to a residential care service if:

 (a) on a day, the service is a 2005 scheme service because of subsection 66(6) or (7) of the Subsidy Principles 2014; and

 (b) on a later day, the score attained by the service on the later day using the points calculator set out in subsection 66(2) of the Subsidy Principles 2014 is 40 or 45.

 (2) For a care recipient to whom residential care is provided through the service on the later day, the amount of the viability supplement for the later day is $1.90.

60A  Amount of viability supplement—care recipients being provided with residential care through 2017 scheme services

  For a care recipient to whom residential care is provided through a 2017 scheme service on a day, the amount of the viability supplement for the day is the amount specified in the item in the following table for the score attained by the service on the day under the points calculator in subsection 66A(2) of the Subsidy Principles 2014.

 

Amount of viability supplement

Item

Score

Amount ($)

1

50

4.18

2

55

6.27

3

60

9.38

4

65

11.47

5

70

16.74

6

75

23.03

7

80

30.22

8

85

36.31

9

90

42.35

10

95

47.17

11

100

53.22

60B  Amount of viability supplement—safety net for former 1997 scheme services, 2001 scheme services and certain 2005 scheme services

 (1) This section applies in relation to a residential care service if the service meets the requirements of subsection (2) or (3).

Former 1997 scheme services and 2001 scheme services

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

 (a) on a day, the service is a 2017 scheme service because of subsection 66A(6) or (7) of the Subsidy Principles 2014; and

 (b) on a later day, the score attained by the service on the later day using the points calculator set out in subsection 66A(2) of the Subsidy Principles 2014 is 40 or 45.

Certain former 2005 scheme services

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

 (a) on a day, the service is a 2017 scheme service because of subsection 66A(8) of the Subsidy Principles 2014; and

 (b) before that day, section 60 of this determination applied in relation to the service; and

 (c) on a later day, the score attained by the service on the later day using the points calculator set out in subsection 66A(2) of the Subsidy Principles 2014 is 40 or 45.

Safety net amount

 (4) For a care recipient to whom residential care is provided through the service on the later day, the amount of the viability supplement for the later day is $1.90.

Division 4Veterans’ supplement

61  Purpose of this Division

 (1) For subsection 4427(3) of the Act, this Division sets out the amount of the veterans’ supplement for a day for a care recipient.

 (2) For this Division, the veterans’ supplement is the veterans’ supplement set out in Subdivision D of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014.

62  Amount of veterans’ supplement

  The amount of the veterans’ supplement for a day for a care recipient is $6.88.

Division 5Homeless supplement

63  Purpose of this Division

 (1) For subsection 4427(3) of the Act, this Division sets out the amount of the homeless supplement for a day for a care recipient.

 (2) For this Division, the homeless supplement is the homeless supplement set out in Subdivision E of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles 2014.

64  Amount of homeless supplement

  The amount of the homeless supplement for a day for a care recipient is $15.72.

Chapter 3Home care subsidy

Part 1Basic subsidy amount

 

65  Purpose of this Part

  For subsection 482(2) of the Act, this Part sets out the basic subsidy amounts for a day for a care recipient who is being provided with home care through a home care service.

66  Definitions

  In this Part:

suspension period, in relation to the provision of home care, means the period for which the provision of home care is suspended under section 462 of the Act.

transition care has the meaning given by section 106 of the Subsidy Principles 2014.

67  Basic subsidy amount—general

  Subject to sections 67A and 68, the basic subsidy amount for a day for a care recipient is the amount specified in the following table for the level of care that is, on the day, the care recipient’s level of care as a prioritised home care recipient determined under subsection 23B1(1) of the Act.

 

Basic subsidy amount

Item

Level of care

Amount ($)

1

Level 1

22.04

2

Level 2

40.09

3

Level 3

88.14

4

Level 4

133.99

67A  Basic subsidy amount—more than one approved provider eligible for subsidy in respect of a day and a care recipient

  If more than one approved provider is eligible for home care subsidy for a day for a particular care recipient, the basic subsidy amount for the day and the care recipient for each approved provider, other than the approved provider that first entered into a home care agreement with the care recipient, is nil.

68  Basic subsidy amount—during suspension period

 (1) If the provision of home care to a care recipient is suspended on a temporary basis under section 462 of the Act, the basic subsidy amount for a day during the suspension period for the care recipient is the amount worked out in accordance with subsection (2), (4) or (5).

 (2) If the provision of home care is suspended because the care recipient is receiving transition care, or is attending hospital for the purpose of receiving hospital treatment, the basic subsidy amount for a day during the suspension period is:

 (a) for up to 28 consecutive days in the suspension period—the amount specified in the table in section 67 for the level of care that is, on the day, the care recipient’s level of care as a prioritised home care recipient determined under subsection 23B1(1) of the Act; or

 (b) for a subsequent consecutive day in the suspension period—the amount that is 25% of the amount specified in the table in section 67 for the level of care that is, on the day, the care recipient’s level of care as a prioritised home care recipient determined under subsection 23B1(1) of the Act.

 (3) If a suspension period starts in one financial year and ends in the next financial year, then, for the purpose of calculating the number of consecutive days in subsection (2), the number of days restarts on 1 July of that next financial year.

 (4) If the provision of home care is suspended because the care recipient is receiving respite care for which subsidy is payable to an approved provider, the basic subsidy amount for a day during the suspension period is:

 (a) for up to 28 days in a financial year when the provision of home care is suspended because the care recipient is receiving the respite care—the amount specified in the table in section 67 for the level of care that is, on the day, the care recipient’s level of care as a prioritised home care recipient determined under subsection 23B1(1) of the Act; or

 (b) for a subsequent day in the financial year when the provision of home care is suspended because the care recipient is receiving the respite care—the amount that is 25% of the amount specified in the table in section 67 for the level of care that is, on the day, the care recipient’s level of care as a prioritised home care recipient determined under subsection 23B1(1) of the Act.

Note: The 28 days referred to in paragraph (a) do not need to be consecutive days.

 (5) If the provision of home care is suspended for a reason other than a reason referred to in subsection (2) or (4), the basic subsidy amount for a day during the suspension period is:

 (a) for up to 28 days in a financial year when the provision of home care to the care recipient is suspended for a reason other than a reason referred to in subsection (2) or (4)—the amount specified in the table in section 67 for the level of care that is, on the day, the care recipient’s level of care as a prioritised home care recipient determined under subsection 23B1(1) of the Act; or

 (b) for a subsequent day in the financial year when the provision of home care to the care recipient is suspended for a reason other than a reason referred to in subsection (2) or (4)—the amount that is 25% of the amount specified in the table in section 67 for the level of care that is, on the day, the care recipient’s level of care as a prioritised home care recipient determined under subsection 23B1(1) of the Act.

Note: The 28 days referred to in paragraph (a) do not need to be consecutive days.

 (6) If, during a financial year, the determination made under subsection 23B1(1) of the Act in relation to the care recipient is varied (under subsection 23B2(1) of the Act) to increase the care recipient’s level of care as a prioritised home care recipient to a new level, only days on which the provision of home care to the care recipient was suspended whilst the care recipient’s level of care as a prioritised home care recipient was the new level are to be counted for the purpose of calculating a number of days under subsection (2), (4) or (5) of this section for the new level.

Part 2Amounts of primary supplements

Division 1Oxygen supplement

69  Purpose of this Division

 (1) For subsection 483(3) of the Act, this Division sets out the amount of the oxygen supplement for a day for a care recipient.

 (2) For this Division, the oxygen supplement is the oxygen supplement set out in Subdivision A of Division 2 of Part 2 of Chapter 3 of the Subsidy Principles 2014.

70  Amount of oxygen supplement

 (1) Subject to subsections (2) and (3), the amount of the oxygen supplement for a day for a care recipient is $11.12.

 (2) If the actual cost to the approved provider of providing oxygen to the care recipient on the day is equal to or more than 125% of the amount referred to in subsection (1) (that is, $13.90), the amount of the oxygen supplement for the day for the care recipient is the amount equivalent to that actual cost.

 (3) If the provision of home care to a care recipient is suspended under section 46-2 of the Act on a day referred to in paragraphs 68(2)(b), 68(4)(b) or 68(5)(b) of this Determination, the amount of the oxygen supplement for the day for the care recipient is nil.

Division 2Enteral feeding supplement

71  Purpose of this Division

 (1) For subsection 483(3) of the Act, this Division sets out the amount of the enteral feeding supplement for a day for a care recipient.

 (2) For this Division, the enteral feeding supplement is the enteral feeding supplement set out in Subdivision B of Division 2 of Part 2 of Chapter 3 of the Subsidy Principles 2014.

72  Amount of enteral feeding supplement

 (1) Subject to subsections (2) and (3), the amount of the enteral feeding supplement for a day for a care recipient is:

 (a) for bolus feeding—$17.62; and

 (b) for nonbolus feeding—$19.79.

 (2) If the actual cost to the approved provider of providing enteral feeding to the care recipient on the day is equal to or more than 125% of the applicable amount referred to in subsection (1) (that is, $22.02 for bolus feeding and $24.74 for non-bolus feeding), the amount of the enteral feeding supplement for the day for the care recipient is the amount equivalent to that actual cost.

 (3) If the provision of home care to a care recipient is suspended under section 46-2 of the Act on a day referred to in paragraphs 68(2)(b), 68(4)(b) or 68(5)(b) of this Determination, the amount of the enteral feeding supplement for the day for the care recipient is nil.

Division 3Dementia and cognition supplement

73  Purpose of this Division

 (1) For subsection 483(3) of the Act, this Division sets out the amount of the dementia and cognition supplement for a day for a care recipient.

 (2) For this Division, the dementia and cognition supplement is the dementia and cognition supplement set out in Subdivision C of Division 2 of Part 2 of Chapter 3 of the Subsidy Principles 2014.

74  Amount of dementia and cognition supplement

 (1) Subject to subsection (2), the amount of the dementia and cognition supplement for a day for a care recipient is the amount that is 10% of the basic subsidy amount for the day for the care recipient.

 (2) If the provision of home care to a care recipient is suspended under section 46-2 of the Act on a day referred to in paragraphs 68(2)(b), 68(4)(b) or 68(5)(b) of this Determination, the amount of the dementia and cognition supplement for the day for the care recipient is nil.

Division 4Veterans’ supplement

75  Purpose of this Division

 (1) For subsection 483(3) of the Act, this Division sets out the amount of the veterans’ supplement for a day for a care recipient.

 (2) For this Division, the veterans’ supplement is the veterans’ supplement set out in Subdivision D of Division 2 of Part 2 of Chapter 3 of the Subsidy Principles 2014.

76  Amount of veterans’ supplement

 (1) Subject to subsection (2), the amount of the veterans’ supplement for a day for a care recipient is the amount that is 10% of the basic subsidy amount for the day for the care recipient.

 (2) If the provision of home care to a care recipient is suspended under section 46-2 of the Act on a day referred to in paragraphs 68(2)(b), 68(4)(b) or 68(5)(b) of this Determination, the amount of the veterans’ supplement for the day for the care recipient is nil.

Part 3Reductions in subsidy

 

77  Purpose of this Part

  This Part sets out the following:

 (a) for subsection 487(2) of the Act—the first cap and the second cap;

 (b) for subsection 487(6) of the Act—the income threshold for a care recipient;

 (c) for subsection 487(7) of the Act—the annual cap for a startdate year for certain classes of care recipients;

 (d) for subsection 487(8)—the lifetime cap for a care recipient.

78  Care subsidy reduction—first cap and second cap

First cap

 (1) For paragraph (c) of step 4 of the care subsidy reduction calculator in subsection 487(2) of the Act, the first cap is $14.49.

Second cap

 (2) For paragraph (c) of step 5 of the care subsidy reduction calculator in subsection 487(2) of the Act, the second cap is $28.98.

79  Care subsidy reduction—income threshold

  For subsection 487(6) of the Act, the income threshold for a care recipient is as follows:

 (a) if the care recipient is a member of a couple—$38 615.20;

 (b) if the care recipient is a member of an illness separated couple (within the meaning of the Social Security Act 1991)—$49 987.60;

 (c) if the care recipient is not a member of a couple—$50 455.60.

80  Care subsidy reduction—annual cap

 (1) For subsection 487(7) of the Act, this section provides for the annual cap applying at a time (the relevant time) in a startdate year for a care recipient who is being provided with home care through a home care service.

Note: Startdate year is defined in clause 1 of Schedule 1 to the Act.

 (2) If, at the relevant time, the care recipient’s income does not exceed the income threshold for the care recipient under section 79, the annual cap applying at that time for the care recipient is $5 276.08.

 (3) If, at the relevant time, the care recipient’s income exceeds the income threshold for the care recipient under section 79, the annual cap applying at that time for the care recipient is $10 552.18.

 (4) Despite subsection (3), the annual cap applying at the relevant time in the startdate year for the care recipient is $5 276.08 if:

 (a) at the relevant time, the care recipient’s income exceeds the income threshold for the care recipient under section 79; and

 (b) before the relevant time, the care recipient’s income did not exceed the income threshold for the care recipient under section 79; and

 (c) combined care subsidy reductions totalling $5 276.08 had been made for the care recipient before the relevant time in the startdate year.

81  Care subsidy reduction—lifetime cap

  For subsection 487(8) of the Act, the lifetime cap for a care recipient is
$63 313.28.

Part 4Amounts of other supplements

Division 1Hardship supplement

82  Purpose of this Division

  For subsection 4810(4) of the Act, this Division sets out the amount of the hardship supplement for a day for a care recipient in relation to whom a determination is in force under section 4811 of the Act.

Note: See also Subdivision A of Division 4 of Part 2 of Chapter 3 of the Subsidy Principles 2014.

83  Amount of hardship supplement

 (1) Subject to subsection (2), the amount of the hardship supplement for a day for a care recipient in relation to whom a determination (a financial hardship determination) is in force under section 4811 of the Act is the amount that is the difference between:

 (a) the maximum daily amount of home care fees for the care recipient worked out under section 52D2 of the Act; and

 (b) the amount specified in the financial hardship determination.

 (2) If the basic subsidy amount for a day and a care recipient for an approved provider is nil because of the operation of section 67A, the amount of the hardship supplement for the day and the care recipient for the approved provider is nil.

Division 2Viability supplement

84  Purpose of this Division

 (1) For subsection 489(3) of the Act, this Division sets out the amount of the viability supplement for a day for a care recipient.

 (2) For this Division, the viability supplement is the viability supplement set out in Subdivision B of Division 4 of Part 2 of Chapter 3 of the Subsidy Principles 2014.

84A  Definitions

  In this Division:

ARIA value has the same meaning as in the Subsidy Principles 2014.

ARIA value viability supplement amount, for a day for a care recipient, means the amount (if any) that corresponds to the ARIA value for the location where the care recipient resided on that day, as set out in the following table.

 

Amount of viability supplement

Item

ARIA value

Amount ($)

1

Less than 3.52

0

2

At least 3.52 but less than 4.67

5.30

3

At least 4.67 but less than 5.81

6.36

4

At least 5.81 but less than 7.45

8.90

5

At least 7.45 but less than 9.09

10.69

6

At least 9.09 but less than 10.55

14.95

7

At least 10.55

17.95

 

MMM classification viability supplement amount, for a day for a care recipient, means the amount (if any) that corresponds to the Modified Monash Model classification for the suburb or locality where the care recipient resided on that day, as set out in the following table.

 

Amount of viability supplement

Item

Modified Monash Model classification

Amount ($)

1

MMM 1

0.00

2

MMM 2

0.00

3

MMM 3

0.00

4

MMM 4

1.03

5

MMM 5

2.26

6

MMM 6

14.95

7

MMM 7

17.95

Note: In 2017, the Modified Monash Model classification for a suburb or locality was available at the Health Department’s website http://www.health.gov.au.

85  Amount of viability supplement

Amount—care recipient to whom subsection 99(1) of the Subsidy Principles 2014 applies

 (1) The amount of the viability supplement for a day for a care recipient to whom subsection 99(1) of the Subsidy Principles 2014 applies is the MMM classification viability supplement amount for a day for the care recipient.

Amount—care recipient to whom subsection 99(2) of the Subsidy Principles 2014 applies

 (2) The amount of the viability supplement for a day for a care recipient to whom subsection 99(2) of the Subsidy Principles 2014 applies is the greater of:

 (a) the ARIA value viability supplement amount for a day for the care recipient; and

 (b) the MMM classification viability supplement amount for a day for the care recipient.

Amount—care recipient to whom subsection 99(3) of the Subsidy Principles 2014 applies

 (3) The amount of the viability supplement for a day for a care recipient to whom subsection 99(3) of the Subsidy Principles 2014 applies is the ARIA value viability supplement amount for a day for the care recipient.

Chapter 4Flexible care subsidy

Part 1Amount of flexible care subsidy—care provided through multipurpose service

Division 1Preliminary

86  Purpose of this Part

  For section 521 of the Act, this Part sets out methods for working out the amount of flexible care subsidy payable for a day in respect of flexible care that is provided through a multipurpose service.

87  Definitions

  In this Part:

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

adjusted subsidy reduction multipurpose service means a multipurpose service specified in the table in section 100.

ARIA value, in relation to a location, means the value given to that location in accordance with the methodology set out in the document titled Measuring Remoteness: Accessibility/Remoteness Index of Australia (ARIA), Occasional Papers: New Series Number 14, published by the Health Department in October 2001, as the document existed on 1 July 2013.

Note: The document is accessible through the Health Department’s website (http://www.health.gov.au).

ARIA value additional amount, for a day for a home care place allocated in respect of a multipurpose service, means the amount (if any) that corresponds to the ARIA value for the location of the service, as set out in the following table.

 

Additional amount of home care subsidy

Item

ARIA value for location of multipurpose service

Amount ($)

1

0 to 3.51 inclusive

0

2

3.52 to 4.66 inclusive

5.30

3

4.67 to 5.80 inclusive

6.36

4

5.81 to 7.44 inclusive

8.90

5

7.45 to 9.08 inclusive

10.69

6

9.09 to 10.54 inclusive

14.95

7

10.55 to 12.00 inclusive

17.95

 

Category A service has the meaning given by section 88.

Category B service has the meaning given by section 89.

Category C service has the meaning given by section 90.

Category D service has the meaning given by section 90A.

Health Department means the Department responsible for the administration of the National Health Act 1953.

high care place means a place allocated in respect of a multipurpose service that is designated by the Secretary as being a high care place.

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

home care place means a place allocated in respect of a multipurpose service for the provision of care equivalent to home care.

Isolated Remote Area means a Statistical Local Area classified as “Other Remote” in the RRMA Classification.

low care place means a place allocated in respect of a multipurpose service that is designated by the Secretary as being a low care place.

MMM classification additional amount, for day for a home care place allocated in respect of a multipurpose service, means the amount (if any) that corresponds to the Modified Monash Model classification for the street address of the service, as set out in the following table.

 

Additional amount of home care subsidy

Item

Modified Monash Model classification for street address of multipurpose service

Amount ($)

1

MMM 1

0.00

2

MMM 2

0.00

3

MMM 3

0.00

4

MMM 4

1.03

5

MMM 5

2.26

6

MMM 6

14.95

7

MMM 7

17.95

Note: In 2017, the Modified Monash Model classification for a street address was available at http://www.doctorconnect.gov.au.

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

multipurpose service has the meaning given by section 104 of the Subsidy Principles 2014.

Remote Centre means a Statistical Local Area classified as “Remote Centre” in the RRMA Classification.

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

RRMA Classification means the Rural, Remote and Metropolitan Area Classification, 1991 Census Edition, published by the Australian Government Publishing Service, as in force in November 1994.

Rural Outside Large Centre means a Statistical Local Area classified as “Other Rural” or “Small Rural Centre” in the RRMA Classification.

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

viability supplement equivalent amount, for a multipurpose service and a day, means:

 (a) for a Category A service—the amount specified in the table in section 97 that relates to the service for the day; or

 (b) for a Category B service—the amount specified in section 98 that relates to the service for the day; or

 (c) for a Category C service—the amount specified in section 99 that relates to the service for the day; or

 (ca) for a Category D service—the amount specified in section 99A that relates to the service for the day; or

 (d) for any other multipurpose service—nil.

Division 2Categories of multipurpose service

88  Category A services

 (1) A multipurpose service is a Category A service on a day if the service:

 (a) meets the requirements of subsection (2); and

 (b) does not meet the requirements of subsection 90(3) or 90A(3).

 (2) A multipurpose 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 table in this subsection; and

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

 (i) less than 50 points, under the scoring system set out in the table in subsection 90(2); or

 (ii) if the viability supplement equivalent amount for a day for the service as a Category A service is more than the viability supplement equivalent amount for the day for the service if the service were taken to be a Category C service—at least 50 points, under the scoring system set out in the table in subsection 90(2).

 

Category A services—scoring

Item

Criterion

Points

1

Location:

(a) remote zone;

(b) other rural area;

(c) small rural centre;

(d) large rural centre.

 

40

30

20

10

2

Beds:

(a) less than 30;

(b) less than 16.

 

20

30

3

Service not colocated with another service and unable to colocate.

20

4

Supported, concessional or assisted residents:

(a) over 70%;

(b) 50% to 70%.

 

20

10

5

Caters largely for care recipients who are people with special needs (other than people with special needs only because they live in a rural or remote area or are financially or socially disadvantaged).

10

 (3) For paragraph (2)(a), for an item of the table in subsection (2) that has paragraphs, points may be scored under only one paragraph in the item.

 (4) For item 1 of the table in subsection (2), a location of a particular kind is a statistical local area of that kind defined in the RRMA Classification.

 (5) For item 3 of the table in subsection (2), a multipurpose service is taken to be unable to colocate with another aged care service if:

 (a) the service is not on the same site as, or an adjoining site to, another residential care service or a multipurpose service; or

 (b) the service is on the same site as, or an adjoining site to, another residential care service or multipurpose service, but the total number of places allocated for the provision of residential care and nonacute beds on the same or adjoining site is less than 45; or

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

 (d) for a multipurpose service in a remote zone—the service is not more than 25 kilometres from the nearest residential care service, and the total number of places in both services is less than 30; or

 (e) for a multipurpose service that is not in a remote zone—the service is not more than 25 kilometres from the nearest residential care service, and the total number of places in both services is less than 16.

89  Category B services

 (1) A multipurpose service is a Category B service on a day if the service:

 (a) meets the requirements of subsection (2) or (3); and

 (b) does not meet the requirements of subsection 90(4) or 90A(4).

 (2) A multipurpose 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 table in this subsection; and

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

 (i) less than 50 points, under the scoring system set out in the table in subsection 90(2); or

 (ii) if the viability supplement equivalent amount for a day for the service as a Category B service is more than the viability supplement equivalent amount for the day for the service if the service were taken to be a Category C service—at least 50 points, under the scoring system set out in the table in subsection 90(2).

 

Category B services—scoring

Item

Criterion

Points

1

Location:

(a) very remote location;

(b) remote location;

(c) moderately accessible location;

(d) accessible location;

(e) highly accessible location.

 

60

50

40

30

0

2

Places:

(a) less than 20;

(b) more than 19 but less than 30;

(c) more than 29 but less than 45.

 

30

20

10

3

More than 50% of care recipients are people with special needs (other than people who are people with special needs only because they live in rural or remote areas or they are financially or socially disadvantaged).

10

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

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

 (b) on the day that the service commenced operating, the point score of the service was at least 40 points, under the scoring system set out in the table in subsection (2); and

 (c) also, on the day that the service commenced operating, the point score of the service was either:

 (i) less than 50 points, under the scoring system set out in the table in subsection 90(2); or

 (ii) if the viability supplement equivalent amount for a day for the service as a Category B service is more than the viability supplement equivalent amount for the day for the service if the service were taken to be a Category C service—at least 50 points, under the scoring system set out in the table in subsection 90(2).

90  Category C services

 (1) A multipurpose service is a Category C service on a day if the service:

 (a) meets the requirements of subsection (2), (3) or (4); and

 (b) does not meet the requirements of subsection 90A(5).

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

 (a) is not a Category A service or a Category B service; and

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

 

Category C services—scoring

Item

Criterion

Points

1

Location:

(a) very remote location;

(b) remote location;

(c) moderately accessible location;

(d) accessible location;

(e) highly accessible location.

 

65

55

40

30

0

2

Places:

(a) less than 20;

(b) more than 19 but less than 25;

(c) more than 24 but less than 30;

(d) more than 29 but less than 35;

(e) more than 34 but less than 40;

(f) more than 39 but less than 45.

 

30

25

20

15

10

5

3

More than 50% of care recipients are people with special needs (other than people who are people with special needs only because they live in rural or remote areas or they are financially or socially disadvantaged).

5

 (3) A multipurpose service meets the requirements of this subsection if the service meets the requirements of subsection 88(2) (that is, for a Category A 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 (2) of this section; and

 (b) the viability supplement equivalent amount for a day for the service as a Category C service is equal to or more than the viability supplement equivalent amount for the day for the service if the service were taken to be a Category A service.

 (4) A multipurpose service meets the requirements of this subsection if the service meets the requirements of subsection 89(2) or (3) (that is, for a Category B 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 (2) of this section; and

 (b) the viability supplement equivalent amount for a day for the service as a Category C service is equal to or more than the viability supplement equivalent amount for the day for the service if the service were taken to be a Category B service.

90A  Category D services

 (1) A multipurpose service is a Category D service on a day if the service meets the requirements of subsection (2), (3), (4) or (5).

 (2) A multipurpose service meets the requirements of this subsection if, on or after 1 January 2017, the service:

 (a) is not a Category A service, a Category B service or a Category C service; and

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

 

Category D services—scoring

Item

Criterion

Points

1

Modified Monash Model classification for a street address:

(a) MMM 1;

(b) MMM 2;

(c) MMM 3;

(d) MMM 4;

(e) MMM 5;

(f) MMM 6;

(g) MMM 7.

 

0

0

0

30

40

55

65

2

Places:

(a) less than 20;

(b) more than 19 but less than 25;

(c) more than 24 but less than 30;

(d) more than 29 but less than 35;

(e) more than 34 but less than 40;

(f) more than 39 but less than 45.

 

30

25

20

15

10

5

3

More than 50% of care recipients are people with special needs (other than people who are people with special needs only because they live in rural or remote areas or they are financially or socially disadvantaged).

5

Note: In 2017, the Modified Monash Model classification for a street address was available at http://www.doctorconnect.gov.au.

 (3) A multipurpose service meets the requirements of this subsection if the service meets the requirements of subsection 88(2) (that is, for a Category A service) and, on at least one day on or after 1 January 2017:

 (a) the service scores at least 50 points under the scoring system set out in the table in subsection (2) of this section; and

 (b) the viability supplement equivalent amount for a day for the service as a Category D service is equal to or more than the viability supplement equivalent amount for the day for the service if the service were taken to be a Category A service.

 (4) A multipurpose service meets the requirements of this subsection if the service meets the requirements of subsection 89(2) or (3) (that is, for a Category B service) and, on at least one day on or after 1 January 2017:

 (a) the service scores at least 50 points under the scoring system set out in the table in subsection (2) of this section; and

 (b) the viability supplement equivalent amount for a day for the service as a Category D service is equal to or more than the viability supplement equivalent amount for the day for the service if the service were taken to be a Category B service.

 (5) A multipurpose service meets the requirements of this subsection if the service meets the requirements of subsection 90(2), (3) or (4) (that is, for a Category C service) and, on at least one day on or after 1 January 2017:

 (a) the service scores at least 50 points under the scoring system set out in the table in subsection (2) of this section; and

 (b) the viability supplement equivalent amount for a day for the service as a Category D service is equal to or more than the viability supplement equivalent amount for the day for the service if the service were taken to be a Category C service.

Division 3Amount of flexible care subsidy

91  Amount of flexible care subsidy

  The amount of flexible care subsidy payable for a day in respect of flexible care that is provided through a multipurpose service is the amount worked out in accordance with the following formula:

where:

DEA is the amount worked out by multiplying:

 (a) the dementia and severe behaviours supplement equivalent amount specified in subsection 95(1); and

 (b) the number of high care places and low care places allocated in respect of the service.

DVEA is the amount worked out by multiplying:

 (a) the dementia and cognition supplement and veterans’ supplement equivalent amount specified in subsection 95(3); and

 (b) the number of home care places allocated in respect of the service.

HCA is the amount worked out by multiplying:

 (a) the amount that applies under section 92 for the day for a high care place allocated in respect of the service; and

 (b) the number of high care places allocated in respect of the service.

HMA is the amount worked out by multiplying:

 (a) $37.68; and

 (b) the number of home care places allocated in respect of the service.

HMAA is the amount worked out by multiplying:

 (a) the amount that applies under section 96 for a day for a home care place allocated in respect of the service; and

 (b) the number of home care places allocated in respect of the service.

LCA is the amount worked out by multiplying:

 (a) the amount that applies under section 93 for the day for a low care place; and

 (b) the number of low care places allocated in respect of the service.

RSEA is the respite supplement equivalent amount for the service for the day under section 94.

VEA is the amount worked out by multiplying:

 (a) the veterans’ supplement equivalent amount specified in subsection 95(2); and

 (b) the number of high care places and low care places allocated in respect of the service.

92  Applicable amount for high care place

 (1) For a multipurpose service that is not an adjusted subsidy reduction multipurpose service, the amount for a day for a high care place allocated in respect of the service is the amount worked out in accordance with the following formula:

where:

B is $124.91.

C is the concessional resident equivalent amount specified in section 101 that relates to the region in which the service is located.

V is the viability supplement equivalent amount for the service for the day.

 (2) For an adjusted subsidy reduction multipurpose service, the amount for a day for a high care place allocated in respect of the service is the amount worked out in accordance with the following formula:

where:

B is $124.91.

C is the concessional resident equivalent amount specified in section 101 that relates to the region in which the service is located.

F is the number of places specified in the item of the table in section 100 that relates to the service.

H is the number of high care places allocated in respect of the service for the day.

R is $12.59.

V is the viability supplement equivalent amount for the service for the day.

93  Applicable amount for low care place

  The amount for a day for a low care place allocated in respect of a multipurpose service is the amount worked out in accordance with the following formula:

where:

B is $32.82.

C is the concessional resident equivalent amount specified in section 101 that relates to the region in which the multipurpose service is located.

V is the viability supplement equivalent amount for the service for the day.

94  Respite supplement equivalent amount

  The respite supplement equivalent amount for a multipurpose service for a day is the amount specified in the following table for the total number of high care places and low care places allocated in respect of the service.

 

Respite supplement equivalent amount

Item

Total number of high care places and low care places

Amount ($)

1

Less than 11

49.82

2

More than 10 but less than 21

79.72

3

More than 20 but less than 31

89.67

4

More than 30 but less than 41

99.64

5

More than 40

109.61

95  Dementia and veterans’ supplement equivalent amounts

Dementia and severe behaviours supplement equivalent amount

 (1) The dementia and severe behaviours supplement equivalent amount for a multipurpose service for a day is:

 (a) for a day before 1 August 2014—$0.18 for each high care place and each low care place allocated to the service; and

 (b) for any other day—nil.

Veterans’ supplement equivalent amount

 (2) The veterans’ supplement equivalent amount for a multipurpose service for a day is $0.08 for each high care place and each low care place allocated to the service.

Dementia and cognition supplement and veterans’ supplement equivalent amount

 (3) The dementia and cognition supplement and veterans’ supplement equivalent amount for a multipurpose service for a day is $1.17 for each home care place allocated to the service.

96  Additional amount of home care subsidy

 (1) The additional amount for a day (the relevant day) for a home care place allocated in respect of a multipurpose service is:

 (a) for a home care place allocated in respect of a multipurpose service to which subsection (2) does not apply—the MMM classification additional amount for a day for a home care place allocated in respect of the service; and

 (b) for a home care place allocated in respect of a multipurpose service to which subsection (2) applies—the ARIA value additional amount for a day for a home care place allocated in respect of the service.

 (2) This subsection applies to a home care place allocated in respect of a multipurpose service if:

 (a) immediately before 1 January 2017, the service was a Category A service, a Category B service or a Category C service; and

 (b) on the relevant day, the ARIA value additional amount for a day for a home care place allocated in respect of the service is greater than the MMM classification additional amount for a day for a home care place allocated in respect of the service.

Division 4Viability supplement equivalent amounts

97  Viability supplement equivalent amounts for Category A services

  The viability supplement equivalent amount for a Category A service for a day is the amount specified in the item in the following table that relates to the service on the day.

 

Viability supplement equivalent amounts—Category A services

Item

Degree of isolation of the service

Number of places allocated in respect of the service

Amount ($)

1

Isolated Remote Area

less than 16

30.80

2

Isolated Remote Area

more than 15 but less than 30

18.94

3

Isolated Remote Area

more than 29

1.90

4

Remote Centre

less than 16

14.70

5

Remote Centre

more than 15 but less than 30

10.44

6

Remote Centre

more than 29

1.90

7

Rural Outside Large Centre

less than 16

6.19

8

Rural Outside Large Centre

more than 15 but less than 30

1.90

9

Rural Outside Large Centre

more than 29

1.90

10

An area not covered by items 1 to 9

not applicable

1.90

Note: Terms used in this table are defined in section 87.

98  Viability supplement equivalent amounts for Category B services

  The viability supplement equivalent amount for a Category B service for a day is the amount specified in the item in the following table for the score attained by the service on the day under the scoring system set out in the table in subsection 89(2).

 

Viability supplement equivalent amounts—Category B services

Item

Score

Amount ($)

1

40

1.90

2

50

2.14

3

60

6.19

4

70

10.44

5

80

14.70

6

90

18.94

7

100

30.80

99  Viability supplement equivalent amounts for Category C services

  The viability supplement equivalent amount for a Category C service for a day is the amount specified in the item in the following table for the score attained by the service on the day under the scoring system set out in the table in subsection 90(2).

 

Viability supplement equivalent amounts—Category C services

Item

Score

Amount ($)

1

50

4.62

2

55

6.92

3

60

10.36

4

65

12.66

5

70

18.48

6

75

23.03

7

80

28.78

8

85

34.58

9

90

40.33

10

95

44.92

11

100

50.69

99A  Viability supplement equivalent amounts for Category D services

  The viability supplement equivalent amount for a Category D service for a day is the amount specified in the item in the following table for the score attained by the service on the day under the scoring system set out in the table in subsection 90A(2).

 

Viability supplement equivalent amounts—Category D services

Item

Score

Amount ($)

1

50

4.62

2

55

6.92

3

60

10.36

4

65

12.66

5

70

18.48

6

75

23.03

7

80

28.78

8

85

34.58

9

90

40.33

10

95

44.92

11

100

50.69

 

Division 5Adjusted subsidy reduction multipurpose services

100  Adjusted subsidy reduction multipurpose services

  This section sets out:

 (a) the multipurpose services that are adjusted subsidy reduction multipurpose services; and

 (b) the number of places for each service for the purpose of the formula in subsection 92(2).

 

Adjusted subsidy reduction multipurpose services

Item

Multipurpose service

Number of places

1

Alpine Multipurpose Service

50

2

Apollo Bay Multipurpose Service

4

3

Augusta Multipurpose Service

12

4

Beverley Multipurpose Service

4

5

Corryong Multipurpose Service

20

6

Denmark Multipurpose Service

4

7

Eastern Wheatbelt Multipurpose Service

20

8

Grenfell Multipurpose Service

20

9

Kangaroo Island Multipurpose Service

5

10

Katanning Multipurpose Service

18

11

Lake Cargelligo Multipurpose Service

8

12

Leonora/Laverton Multipurpose Service

3

13

Mallee Track Multipurpose Service

30

14

Murchison Multipurpose Service

3

15

Nannup Multipurpose Service

5

16

Oberon Multipurpose Service

8

17

Orbost Multipurpose Service

15

18

Robinvale Multipurpose Service

14

19

Timboon Multipurpose Service

8

20

Trundle Multipurpose Service

4

21

York Multipurpose Service

7

Division 6Concessional resident equivalent amounts

101  Concessional resident equivalent amounts

  The concessional resident equivalent amount for a multipurpose service is the amount specified in the item of the following table for the region in which the service is located.

 

Concessional resident equivalent amounts

Item

Region in which multipurpose service is located

Amount ($)

 

New South Wales

 

1

Central Coast

11.58

2

Central West

9.92

3

Far North Coast

10.54

4

Hunter

11.68

5

Illawarra

10.78

6

Inner West

12.07

7

Mid North Coast

11.05

8

Nepean

10.75

9

New England

7.12

10

Northern Sydney

6.94

11

Orana Far West

12.99

12

Riverina Murray

11.57

13

South East Sydney

11.25

14

South West Sydney

13.60

15

Southern Highlands

12.18

16

Western Sydney

10.86

 

Victoria

 

17

Barwon South Western

7.09

18

Eastern Metro

6.41

19

Gippsland

6.73

20

Grampians

11.85

21

Hume

6.87

22

LoddonMallee

10.95

23

Northern Metro

10.86

24

Southern Metro

7.07

25

Western Metro

7.02

 

Queensland

 

26

Brisbane North

10.58

27

Brisbane South

11.32

28

Cabool

11.37

29

Central West

9.92

30

Darling Downs

12.21

31

Far North

10.60

32

Fitzroy

6.21

33

Logan River Valley

12.37

34

Mackay

10.61

35

North West

15.52

36

Northern

10.31

37

South Coast

11.68

38

South West

10.61

39

Sunshine Coast

7.16

40

West Moreton

11.87

41

Wide Bay

10.83

 

South Australia

 

42

Eyre Peninsula

14.08

43

Hills, Mallee and Southern

12.33

44

Metropolitan East

11.37

45

Metropolitan North

11.55

46

Metropolitan South

11.62

47

Metropolitan West

12.72

48

Mid North

11.59

49

Riverland

12.86

50

South East

11.42

51

Whyalla, Flinders and Far North

11.73

52

Yorke Lower North and Barossa

12.08

 

Western Australia

 

53

Goldfields

6.21

54

Great Southern

7.04

55

Kimberley

15.17

56

Metropolitan East

11.37

57

Metropolitan North

11.55

58

Metropolitan South East

11.62

59

Metropolitan South West

12.72

60

Mid West

13.85

61

Pilbara

14.92

62

South West

10.61

63

Wheatbelt

10.90

 

Tasmania

 

64

North Western

11.21

65

Northern

10.31

66

Southern

11.71

 

Northern Territory

 

67

Alice Springs

17.03

68

Barkly

19.50

69

Darwin

14.65

70

East Arnhem

19.50

71

Katherine

10.60

 

Australian Capital Territory

 

72

Australian Capital Territory

11.98

Part 2Amount of flexible care subsidy—care provided through innovative care service

 

102  Purpose of this Part

  For section 521 of the Act, this Part sets out the method for working out the amount of flexible care subsidy for a day for a care recipient who is being provided with flexible care through an innovative care service.

103  Definitions

  In this Part:

dementia and cognition supplement means the dementia and cognition supplement set out in Subdivision C of Division 2 of Part 2 of Chapter 3 of the Subsidy Principles 2014.

eligible care recipient means a care recipient who would be eligible for the dementia and cognition supplement or the veterans’ supplement if the care recipient were receiving home care.

innovative care service has the meaning given by section 105 of the Subsidy Principles 2014.

veterans’ supplement means the veterans’ supplement set out in Subdivision D of Division 2 of Part 2 of Chapter 3 of the Subsidy Principles 2014.

104  Amount of flexible care subsidy

 (1) For a care recipient who is being provided with care through an innovative care service by an approved provider specified in column 1 of an item in the following table, the amount of flexible care subsidy for a day is:

 (a) the amount specified in column 2 of the item; or

 (b) if the care recipient is an eligible care recipient—the sum of:

 (i) the amount specified in column 2 of the item; and

 (ii) $12.50.

 

Amount of flexible care subsidy

Item

Column 1
Approved provider

Column 2
Amount ($)

1

Multiple Sclerosis Society of Victoria

68.75

2

Helping Hand Aged Care Inc.

62.37

3

Senses Foundation Inc.

78.08

4

Oakdale Services Tasmania

70.59

5

The Uniting Church in Australia Property Trust (NSW)—Orange

71.81

6

New Horizons Enterprises Limited

72.58

7

Clarence Valley Council (formerly Maclean Shire Council)

72.34

8

Uniting Church in Australia Property Trust (NSW) Springwood Retirement Village

67.05

 (2) For a care recipient who is being provided with care through an innovative care service by an approved provider specified in column 1 of an item in the following table, the amount of flexible care subsidy for a day is:

 (a) the amount specified in column 2 of the item; or

 (b) if the care recipient is an eligible care recipient—the sum of:

 (i) the amount specified in column 2 of the item; and

 (ii) $3.74.

 

Amount of flexible care subsidy

Item

Column 1
Approved provider

Column 2
Amount ($)

1

Renmark Paringa District Hospital Inc.

35.03

Part 3Amount of flexible care subsidy—care provided as transition care

 

105  Purpose of this Part

  For section 521 of the Act, this Part sets out a method for working out the amount of flexible care subsidy for a day for a care recipient who is being provided with transition care (as defined by section 106 of the Subsidy Principles 2014) through a flexible care service.

106  Amount of flexible care subsidy

 (1) The amount of flexible care subsidy for a day for a care recipient is the sum of:

 (a) the basic subsidy amount for the day for the care recipient; and

 (b) the dementia and veterans’ supplement equivalent amount for the day for the care recipient.

Basic subsidy amount

 (2) For paragraph (1)(a), the basic subsidy amount for the day for the care recipient is $196.24.

Dementia and veterans’ supplement equivalent amount

 (3) For paragraph (1)(b), the dementia and veterans’ supplement equivalent amount for the day for the care recipient is $3.93.

Part 4Amount of flexible care subsidy—care provided as shortterm restorative care

 

106A  Purpose of this Part

  For section 521 of the Act, this Part sets out a method for working out the amount of flexible care subsidy for a day for a care recipient who is being provided with shortterm restorative care (as defined by section 106A of the Subsidy Principles 2014) through a flexible care service.

106B  Amount of flexible care subsidy

 (1) The amount of flexible care subsidy for a day for a care recipient is the sum of:

 (a) the basic subsidy amount for the day for the care recipient; and

 (b) the dementia and veterans’ supplement equivalent amount for the day for the care recipient.

Basic subsidy amount

 (2) For paragraph (1)(a), the basic subsidy amount for the day for the care recipient is $196.24.

Dementia and veterans’ supplement equivalent amount

 (3) For paragraph (1)(b), the dementia and veterans’ supplement equivalent amount for the day for the care recipient is $3.93.

Chapter 5Fees and payments

Part 1Home care fees

 

107  Purpose of this Part

  For paragraph 52D3(a) of the Act, this Part sets out the basic daily care fee for certain care recipients who are being provided with home care through a home care service.

108  Basic daily care fee

  If:

 (a) the provision of home care to a care recipient is suspended during a period (the suspension period) under section 462 of the Act; and

 (b) during the suspension period, the care recipient is receiving:

 (i) transition care (as defined by section 106 of the Subsidy Principles 2014); or

 (ii) residential care provided as respite care;

the basic daily care fee for a care recipient for a day during the suspension period is nil.

Part 2Accommodation payments

 

109  Purpose of this Part

  For section 52G3 of the Act, this Part specifies:

 (a) the maximum refundable accommodation deposit amount that an approved provider may charge a person; and

 (b) the method for working out the maximum daily accommodation payment amount that an approved provider may charge a person.

110  Maximum refundable accommodation deposit amount

  The maximum refundable accommodation deposit amount that an approved provider may charge a person is $550 000.00.

Note: An approved provider may charge a person a refundable accommodation deposit amount of up to the amount specified in this section without obtaining approval from the Aged Care Pricing Commissioner. However, if an approved provider wishes to charge an amount of accommodation payment that is higher than the refundable accommodation deposit amount specified in this section, the approved provider may apply to the Aged Care Pricing Commissioner for approval to charge the higher amount (see section 52G4 of the Act and Division 3 of Part 4 of the Fees and Payments Principles 2014 (No. 2)).

111  Maximum daily accommodation payment amount

 (1) The maximum daily accommodation payment amount that an approved provider may charge a person is the amount worked out as follows:

Maximum daily accommodation payment amount calculator

Step 1. Work out the maximum permissible interest rate for the person using the calculator in subsection (2).

Step 2. Multiply the rate worked out at step 1 by $550 000.00 (being the maximum refundable accommodation deposit amount referred to in section 110).

Step 3. Divide the amount worked out at step 2 by 365.

The result is the maximum daily accommodation payment amount that the approved provider may charge the person.

 (2) The maximum permissible interest rate for the person is worked out as follows:

Maximum permissible interest rate calculator

Step 1. Work out the general interest charge rate for the person’s price agreement day under section 8AAD of the Taxation Administration Act 1953.

Step 2. Multiply the rate worked out at step 1 by the number of days in the calendar year in which the person’s price agreement day falls.

Step 3. Subtract 3 percentage points from the amount worked out at step 2.

The result is the maximum permissible interest rate for the person.

 (3) For subsection (2), the person’s price agreement day is the day on which the person and the approved provider of the service agree, under paragraph 52F1(1)(b) of the Act, about the maximum amount that would be payable if the person paid an accommodation payment for the service.

Part 3Daily payments

 

112  Purpose of this Part

  For subsection 52H3(4) of the Act, this Part sets out the maximum rate of interest that may be charged on an outstanding amount of daily payment.

113  Maximum rate of interest that may be charged on outstanding amount of daily payment

 (1) The maximum rate of interest that may be charged on an outstanding amount of daily payment is the maximum permissible interest rate for the day (the relevant day) on which the daily payment became due and payable.

 (2) The maximum permissible interest rate for the relevant day is worked out as follows:

Maximum permissible interest rate calculator

Step 1. Work out the general interest charge rate for the relevant day under section 8AAD of the Taxation Administration Act 1953.

Step 2. Multiply the rate worked out at step 1 by the number of days in the calendar year in which the relevant day falls.

Step 3. Subtract 3 percentage points from the amount worked out at step 2.

The result is the maximum permissible interest rate for the relevant day.

 

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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in 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

    /subsubparagraph(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

SubCh = SubChapter(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 (Subsidy, Fees and Payments) Determination 2014

28 June 2014 (F2014L00875)

1 July 2014 (s 2)

 

Aged Care (Subsidy, Fees and Payments) Amendment (September 2014 Indexation) Determination 2014

18 Sept 2014 (F2014L01241)

20 Sept 2014 (s 2)

Aged Care (Subsidy, Fees and Payments) Amendment (March 2015 Indexation) Determination 2015

18 Mar 2015 (F2015L00316)

20 Mar 2015 (s 2)

Aged Care (Subsidy, Fees and Payments) Amendment (Indexation, Pre-Entry Leave and Other Measures) Determination 2015

30 June 2015 (F2015L00996)

Sch 1 and Sch 2: 1 July 2015 (s 2(1) items 1, 2)
Sch 3: 17 Sept 2015 (s 2(1) item 3)

Aged Care (Subsidy, Fees and Payments) Amendment (Removal of Certification and Other Measures) Determination 2015

30 June 2015 (F2015L00997)

1 July 2015 (s 2)

Aged Care (Subsidy, Fees and Payments) Amendment (September 2015 Indexation) Determination 2015

18 Sept 2015 (F2015L01454)

20 Sept 2015 (s 2)

Aged Care (Subsidy, Fees and Payments) Amendment (March 2016 Indexation and Other Measures) Determination 2016

18 Mar 2016 (F2016L00349)

20 Mar 2016 (s 2)

Aged Care (Subsidy, Fees and Payments) Amendment (Short-term Restorative Care) Determination 2016

6 May 2016 (F2016L00674)

6 May 2016 (s 2(1) item 1)

Aged Care (Subsidy, Fees and Payments) Amendment (July Indexation) Determination 2016

30 June 2016 (F2016L01105)

1 July 2016 (s 2)

Aged Care (Subsidy, Fees and Payments) Amendment (September 2016 Indexation) Determination 2016

19 Sept 2016 (F2016L01451)

20 Sept 2016 (s 2)

Aged Care (Subsidy, Fees and Payments) Amendment ((Increasing Consumer Choice) Determination 2016

23 Sept 2016 (F2016L01495)

Sch 1 (items 1–10): 27 Feb 2017 (s 2(1) item 1)

Aged Care (Subsidy, Fees and Payments) Amendment (Viability Supplement) Determination 2016

16 Dec 2016 (F2016L01984)

1 Jan 2017 (s 2(1) item 1)

Aged Care (Subsidy, Fees and Payments) Amendment (March 2017 Indexation) Determination 2017

17 Mar 2017 (F2017L00244)

20 Mar 2017 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Chapter 1

 

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

rep LIA s 48D

Chapter 2

 

Part 1

 

Division 1

 

s 4.....................

am F2016L01495; F2016L01984

s 7 ....................

am F2015L00996; F2016L01105

s 10....................

rs F2015L00996

 

rep F2015L00996

Division 2

 

s 12....................

am F2015L00996; F2016L01105

Part 2

 

Division 1

 

s 16....................

am F2015L00997

s 17....................

am F2014L01241; F2015L00316

 

rs F2015L00997

 

am F2015L01454; F2016L00349; F2016L01451; F2017L00244

s 18....................

am F2014L01241; F2015L00316; F2015L00997; F2015L01454; F2016L00349; F2016L01451; F2017L00244

Division 2

 

s 23....................

am F2015L00996; F2016L01105

Division 3

 

s 25....................

am F2015L00996; F2016L01105

Division 4................

rep 1 Nov 2014 (s 28)

s 26 ....................

rep 1 Nov 2014 (s 28)

s 27 ....................

rep 1 Nov 2014 (s 28)

s 28 ....................

rep 1 Nov 2014 (s 28)

Division 5................

rep 1 Apr 2015 (s 29(3))

Subdivision A.............

rep 1 Apr 2015 (s 29(3))

s 29 ....................

rep 1 Apr 2015 (s 29(3))

s 30 ....................

rep 1 Apr 2015 (s 29(3))

s 31 ....................

rep 1 Apr 2015 (s 29(3))

Subdivision B..............

rep 1 Apr 2015 (s 29(3))

s 32 ....................

rep 1 Apr 2015 (s 29(3))

s 33 ....................

rep 1 Apr 2015 (s 29(3))

s 34 ....................

rep 1 Apr 2015 (s 29(3))

s 35 ....................

rep 1 Apr 2015 (s 29(3))

s 36 ....................

rep 1 Apr 2015 (s 29(3))

Subdivision C..............

rep 1 Apr 2015 (s 29(3))

s 37 ....................

rep 1 Apr 2015 (s 29(3))

s 38 ....................

rep 1 Apr 2015 (s 29(3))

s 39 ....................

rep 1 Apr 2015 (s 29(3))

s 40 ....................

rep 1 Apr 2015 (s 29(3))

s 41 ....................

rep 1 Apr 2015 (s 29(3))

Part 3

 

s 43....................

am F2015L00996; F2016L01105

s 44....................

am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244

s 45....................

am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244

s 46....................

am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244

s 47....................

am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244

Part 4

 

Division 1

 

s 49....................

am F2015L00997

s 51....................

am F2014L01241; F2015L00316; F2015L00997; F2015L01454; F2016L00349; F2016L01451; F2017L00244

s 52....................

am F2015L00996

Division 2

 

s 54....................

am F2015L00996

Division 3

 

s 56....................

am F2016L01984

s 57....................

am F2015L00996; F2016L01105

s 58....................

am F2015L00996; F2016L01105

s 59....................

am F2015L00996; F2016L01105; F2016L01984

s 60....................

am F2015L00996; F2016L01105

 

rs F2016L01984

 

ed C10

s 60A...................

ad F2016L01984

s 60B...................

ad F2016L01984

Division 4

 

s 62....................

am F2015L00996; F2016L01105

Division 5

 

s 64....................

am F2015L00996; F2016L01105

Chapter 3

 

Part 1

 

s 67....................

am F2015L00996; F2016L01105; F2016L01495

s 67A...................

ad F2016L01495

s 68....................

am F2016L01495

Part 2

 

Division 1

 

s 70....................

am F2015L00996; F2016L00349; F2016L01105

Division 2

 

s 72....................

am F2015L00996; F2016L00349; F2016L01105

Division 3

 

s 74....................

rs F2016L00349

Division 4

 

s 76....................

rs F2016L00349

Part 3

 

s 78....................

am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244

s 79....................

am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244

s 80....................

am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244

s 81....................

am F2014L01241; F2015L00316; F2015L01454; F2016L00349; F2016L01451; F2017L00244

Part 4

 

Division 1

 

s 83....................

am F2016L01495

Division 2

 

s 84A...................

ad F2016L01984

s 85....................

am F2015L00996; F2016L01105

 

rs F2016L01984

Chapter 4

 

Part 1

 

Division 1

 

s 87....................

am F2016L01984

Division 2

 

s 88....................

am F2016L01984

s 89....................

am F2016L01984

s 90....................

am F2016L01984

s 90A...................

ad F2016L01984

Division 3

 

s 91 ....................

am F2015L00996; F2016L01105

s 92....................

am F2015L00996; F2016L01105

s 93....................

am F2015L00996; F2016L01105

s 94....................

am F2015L00996; F2016L01105

s 95....................

am F2015L00996; F2016L01105

s 96....................

am F2015L00996; F2016L01105

 

rs F2016L01984

Division 4

 

s 97....................

am F2015L00996; F2016L01105

s 98....................

am F2015L00996; F2016L01105

s 99....................

am F2015L00996; F2016L01105

s 99A...................

ad F2016L01984

Division 6

 

s 101...................

am F2015L00996; F2016L01105

Part 3

 

s 106...................

am F2015L00996; F2016L01105

Part 4

 

Part 4...................

ad F2016L00674

s 106A..................

ad F2016L00674

s 106B..................

ad F2016L00674; F2016L01105