Approval of Care Recipients Amendment (Home Care) Principle 2013

Link to law: https://www.comlaw.gov.au/Details/F2013L01338

 
 
Approval of Care Recipients Amendment (Home Care) Principle 2013
I, Jacinta Collins, Minister for Mental Health and Ageing, make the following principle under the Aged Care Act 1997 and the Aged Care (Living Longer Living Better) Act 2013.
Dated:  8 July 2013
Jacinta Collins
Minister for Mental Health and Ageing
 
  
  
Contents
1............ Name of principle.......................................................................................................... 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Schedule(s).................................................................................................................... 1
Schedule 1—Amendments                                                                                                                          2
Approval of Care Recipients Principles 1997                                                                                 2
 
1  Name of principle
                   This principle is the Approval of Care Recipients Amendment (Home Care) Principle 2013.
2  Commencement
                   This principle commences on 1 August 2013.
3  Authority
                   This principle is made under the Aged Care Act 1997 and the Aged Care (Living Longer Living Better) Act 2013.
4  Schedule(s)
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
  
Approval of Care Recipients Principles 1997
1  Note before Part 1
Omit “community care” (wherever occurring), substitute “home care”.
2  Section 5.3 (note)
Repeal the note, substitute:
Note:          A number of expressions used in these Principles are defined in the Act, including the following:
(a)    flexible care;
(b)    high level of residential care;
(c)    home care;
(d)    low level of residential care;
(e)    respite care.
3  Section 5.4
Omit “community care”, substitute “home care”.
4  Sections 5.6 to 5.7AA
Repeal the sections, substitute:
5.6  Home care—levels 1 and 2
                   A person is eligible to receive home care at level 1 or level 2 only if the person:
                     (a)  is assessed as having needs that can only be met by a coordinated package of care services; and
                     (b)  would be assessed, if the person applied for residential care, as eligible to receive at least a low level of residential care; and
                     (c)  prefers to remain living at home; and
                     (d)  is able to live at home with the support of home care at level 1 or level 2.
5.7  Home care—levels 3 and 4
                   A person is eligible to receive home care at level 3 or level 4 only if the person:
                     (a)  is assessed as having needs that can only be met by a coordinated package of care services; and
                     (b)  would be assessed, if the person applied for residential care, as eligible to receive residential care that is not limited to a low level of residential care; and
                     (c)  prefers to remain living at home; and
                     (d)  is able to live at home with the support of home care at level 3 or level 4.
5  Section 5.9 (heading)
Repeal heading, substitute:
5.9  Residential care
6  Subsections 5.9(4) and (5)
Repeal the subsections.
7  At the end of Part 3
Add:
5.9A  Home care
             (1)  Approval may be limited to one of the following levels of home care:
                     (a)  level 1 (basic care package);
                     (b)  level 2 (low care package);
                     (c)  level 3 (intermediate care package);
                     (d)  level 4 (high care package);
where level 4 is the highest level of home care and level 1 is the lowest.
             (2)  However, if a person is approved as a recipient of a particular level of home care, the limitation of approval to that level does not prevent the person receiving home care at a lower level.
8  After paragraph 5.12(a)
Insert:
                     (b)  the entry period for home care; and
9  Paragraph 5.12(b)
Renumber as paragraph (c).
10  Section 5.13 (note)
Repeal the note.
11  Section 5.13A
Repeal the section, substitute:
5.13A  Entry period—home care
                   For paragraph 23‑3(1)(a) of the Act, the entry period for a person who is approved as a recipient of home care under subsection 22‑1(2) of the Act is 2 years and one day beginning on the day after the approval was given.
12  At the end of the Principles
Add:
Part 6—Transitional provisions
  
5.15  Definitions for Part 6
                   In this Part:
extended aged care at home has the meaning given by section 15.6 of the Flexible Care Subsidy Principles 1997 as in force immediately before 1 August 2013.
extended aged care at home—dementia has the meaning given by section 15.8 of the Flexible Care Subsidy Principles 1997 as in force immediately before 1 August 2013.
5.16  Approval to receive flexible care
             (1)  For subitem 198(2) of Schedule 1 to the Aged Care (Living Longer Living Better) Act 2013 the following kinds of approval to receive flexible care are specified:
                     (a)  approval to receive extended aged care at home;
                     (b)  approval to receive extended aged care at home—dementia.
             (2)  For subitem 198(3) of Schedule 1 to the Aged Care (Living Longer Living Better) Act 2013, an approval to receive extended aged care at home or extended aged care at home—dementia that is taken to be an approval to receive home care under subitem 198(2) of that Act, is taken to be an approval to receive home care at level 4.
             (3)  However, an approval for a person to receive home care at level 4 under subsection (2) does not prevent the person receiving home care at a lower level.
5.17  Approval to receive community care
             (1)  For subitem 198(3) of Schedule 1 to the Aged Care (Living Longer Living Better) Act 2013, an approval to receive community care that is taken to be an approval to receive home care under subitem 198(1) of Schedule 1 to that Act, is taken to be limited to an approval to receive home care at level 2.
             (2)  However, an approval for a person to receive home care at level 2 under subsection (1) does not prevent the person receiving home care at level 1.
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