Aged Care (Home Care Subsidy Amount) Determination 2013

Link to law: https://www.comlaw.gov.au/Details/F2013L01339

 
 
Aged Care (Home Care Subsidy Amount) Determination 2013
I, Jacinta Collins, Minister for Mental Health and Ageing, make the following determination under the Aged Care Act 1997.
Dated:  8 July 2013
Jacinta Collins
Minister for Mental Health and Ageing
 
  
  
  
Contents
Part 1—Preliminary                                                                                                                                        1
1............ Name of determination.................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Repeal............................................................................................................................ 1
5............ Definitions..................................................................................................................... 1
Part 2—Amount of home care subsidy                                                                                               3
Division 2.1—Amount of home care subsidy                                                                              3
6............ Amount of home care subsidy....................................................................................... 3
Division 2.2—Basic subsidy                                                                                                                 4
7............ Basic subsidy amount—general.................................................................................... 4
8............ Basic subsidy amount—during suspension period........................................................ 4
Division 2.3—Viability supplement                                                                                                  6
9............ Viability supplement amount......................................................................................... 6
Division 2.4—Workforce supplement                                                                                            7
10.......... When workforce supplement applies............................................................................. 7
11.......... Application for determination........................................................................................ 7
12.......... Determination that approved provider is eligible for workforce supplement................. 7
13.......... Revocation of Secretary’s determination....................................................................... 8
14.......... Workforce supplement amount...................................................................................... 9
15.......... Reviewable decisions.................................................................................................... 9
16.......... Secretary may reconsider reviewable decisions............................................................. 9
17.......... Reconsideration of reviewable decisions..................................................................... 10
Division 2.5—Dementia and cognition supplement                                                               11
18.......... When dementia and cognition supplement applies....................................................... 11
19.......... Dementia and cognition supplement amount............................................................... 12
Division 2.6—Veterans’ supplement                                                                                             13
20.......... When veterans’ supplement applies............................................................................. 13
21.......... Veterans’ supplement amount..................................................................................... 14
Division 2.7—Top‑up supplement                                                                                                   15
22.......... When top‑up supplement applies................................................................................. 15
23.......... Top‑up supplement amount......................................................................................... 15
 
Part 1—Preliminary
  
1  Name of determination
                   This determination is the Aged Care (Home Care Subsidy Amount) Determination 2013.
2  Commencement
                   This determination commences on 1 August 2013.
3  Authority
                   This determination is made under the Aged Care Act 1997.
4  Repeal
             (1)  The Aged Care (Community Care Subsidy Amount) Determination 2013 (No. 1), made under subsection 48‑1(3) of the Act, is repealed.
             (2)  The following determinations made under section 52‑1 of the Act are repealed:
                     (a)  Aged Care (Amount of Flexible Care Subsidy – Extended Aged Care at Home) Determination 2013 (No. 1);
                     (b)  Aged Care (Amount of Flexible Care Subsidy – Extended Aged Care at Home – Dementia) Determination 2013 (No. 1).
5  Definitions
                   In this determination:
Act means the Aged Care Act 1997.
Aged Care Workforce Supplement Guidelines means the document with that title published by the Department, as it exists on 1 August 2013.
Note:          The document is available through the Department’s website (www.health.gov.au).
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 Department in October 2001, as the document exists on 1 August 2013.
Note:          The document is available through the Department’s website (www.health.gov.au).
enteral feeding supplement means the enteral feeding supplement referred to in section 44‑14 of the Act.
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.
oxygen supplement means the oxygen supplement referred to in section 44‑13 of the Act.
reviewable decision has the meaning given by section 15.
suspension period, in relation to the provision of home care, means the period for which the provision of home care is suspended under section 46‑2 of the Act.
transition care has the meaning given by section 15.28 of the Flexible Care Subsidy Principles 1997.
Part 2—Amount of home care subsidy
Division 2.1—Amount of home care subsidy
6  Amount of home care subsidy
             (1)  For subsection 48‑1(3) of the Act, the amount of home care subsidy payable to an approved provider in respect of a day for a care recipient receiving home care is the sum of the following amounts:
                     (a)  the basic subsidy amount in respect of that day worked out under Division 2.2;
                     (b)  the amount of the viability supplement in respect of that day worked out under Division 2.3;
                     (c)  the amount of the workforce supplement (if applicable) in respect of that day worked out under Division 2.4;
                     (d)  the amount of the dementia and cognition supplement (if applicable) in respect of that day worked out under Division 2.5;
                     (e)  the amount of the veterans’ supplement (if applicable) in respect of that day worked out under Division 2.6;
                      (f)  the amount of the top‑up supplement (if applicable) in respect of that day worked out under Division 2.7;
                     (g)  the amount of the oxygen supplement (if applicable) that would be payable in respect of that day if the care recipient were receiving residential care on that day;
                     (h)  the amount of the enteral feeding supplement (if applicable) that would be payable in respect of that day if the care recipient were receiving residential care on that day.
             (2)  However, if the provision of home care to a care recipient is suspended, under section 46‑2 of the Act, on a day mentioned in paragraph 8(2)(b), (4)(b) or (5)(b):
                     (a)  the amount of home care subsidy payable to an approved provider for the care recipient in respect of that day is the sum of the following amounts:
                              (i)  the amount mentioned in that paragraph;
                             (ii)  the amount of the viability supplement in respect of that day worked out under Division 2.3;
                            (iii)  the amount of the workforce supplement (if applicable) in respect of that day worked out under Division 2.4; and
                     (b)  no amount of a supplement mentioned in paragraphs (1)(d) to (h) is payable in respect of that day.
Division 2.2—Basic subsidy
7  Basic subsidy amount—general
                   Subject to section 8, the basic subsidy amount payable in respect of a day for a care recipient is the amount mentioned in the following table that corresponds to the level of home care mentioned in the table that the care recipient received on that day.
 
Basic subsidy amount

Item
Level of home care
Amount

1
Level 1
$20.55

2
Level 2
$37.38

3
Level 3
$82.20

4
Level 4
$124.95

 
8  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 46‑2 of the Act, the basic subsidy amount payable for the care recipient in respect of a day during the suspension period is the amount worked out in accordance with subsection (2), (4) or (5).
Note:          The home care agreement under which the home care is provided is taken to remain in force during the suspension period, and the care recipient is taken to have been provided with home care, as required by the agreement, on each day of the suspension period: see the Home Care Subsidy Principles 2013.
             (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 amount is the following:
                     (a)  for up to 28 consecutive days in the suspension period—the amount mentioned in the table in section 7 for the level of home care that the care recipient is taken to have been provided with on the day;
                     (b)  for a subsequent consecutive day in the suspension period—the amount that is 25% of the amount mentioned in the table in section 7 for the level of home care that the care recipient is taken to have been provided with on the day.
             (3)  If a suspension period starts in a 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 amount is the following:
                     (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 mentioned in the table in section 7 for the level of home care that the care recipient is taken to have been provided with on the day;
                     (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 mentioned in the table in section 7 for the level of home care that the care recipient is taken to have been provided with on the day.
Note:          The 28 days mentioned in paragraph (a) do not need to be consecutive days.
             (5)  If the provision of home care is suspended for a reason other than those mentioned in subsection (2) or (4), the amount is the following:
                     (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 those mentioned in subsection (2) or (4)—the amount mentioned in the table in section 7 for the level of home care that the care recipient is taken to have been provided with on the day;
                     (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 those mentioned in subsection (2) or (4)—the amount that is 25% of the amount mentioned in the table in section 7 for the level of home care that the care recipient is taken to have been provided with on the day.
Note:          The 28 days mentioned in paragraph (a) do not need to be consecutive days.
             (6)  If the care recipient transfers from one level of home care (the previous level of home care) to another level of home care (the new level of home care) during a financial year, then, for the purpose of calculating a number of days for subsection (2), (4) or (5) for the new level of home care, any days when the provision of the previous level of home care was suspended are to be disregarded.
Division 2.3—Viability supplement
9  Viability supplement amount
                   The amount of the viability supplement payable in respect of a day for a care recipient is the amount mentioned in the following table that corresponds to the ARIA value for the location where the care recipient resided on that day.
 
Amount of viability supplement

Item
ARIA value
Amount

1
Less than 3.52
$0.00

2
At least 3.52 but less than 4.67
$4.21

3
At least 4.67 but less than 5.81
$5.06

4
At least 5.81 but less than 7.45
$7.08

5
At least 7.45 but less than 9.09
$8.50

6
At least 9.09 but less than 10.55
$11.89

7
At least 10.55
$14.27

Division 2.4—Workforce supplement
10  When workforce supplement applies
                   The workforce supplement applies to a care recipient (in this Division called an eligible care recipient) in respect of a day if:
                     (a)  there was in force on that day a home care agreement under which the care recipient was to be provided with home care, whether or not the care was provided on that day; and
                     (b)  a determination under section 12 was in force on that day in relation to the approved provider providing the home care.
11  Application for determination
             (1)  An approved provider that is providing, or is to provide, home care to a care recipient under a home care agreement may apply to the Secretary for a determination under section 12.
             (2)  The application must:
                     (a)  be in the form approved by the Secretary; and
                     (b)  include the information (if any) required by the Aged Care Workforce Supplement Guidelines.
12  Determination that approved provider is eligible for workforce supplement
             (1)  If the Secretary receives an application from an approved provider under section 11, the Secretary may determine that the approved provider is eligible for the workforce supplement.
             (2)  A determination under subsection (1) is not a legislative instrument.
             (3)  The Secretary must not make a determination unless:
                     (a)  the approved provider has advised the approved provider’s staff, in writing, of the approved provider’s intention to apply for a determination that the approved provider is eligible for the workforce supplement; and
                     (b)  the written advice mentioned in paragraph (a) also includes the following:
                              (i)  an undertaking that the approved provider will negotiate with the staff employment arrangements that meet the minimum wage requirements specified in Part B of the Aged Care Workforce Supplement Guidelines;
                             (ii)  information about how the approved provider intends to improve:
                                        (A)  training and education opportunities for the staff; and
                                        (B)  career structures and career development for the staff; and
                                        (C)  workforce planning in relation to the provision of home care; and
                     (c)  the approved provider has given the Secretary an undertaking that the approved provider will, if requested by the Secretary, participate in a census or survey conducted by the Department about the aged care workforce; and
                     (d)  the approved provider has given the Secretary an undertaking that the approved provider will comply with the minimum wage requirements, specified in Part B of the Aged Care Workforce Supplement Guidelines, on and after the first day in respect of which the workforce supplement will apply to a care recipient of the approved provider if the determination is made.
             (4)  If the Secretary needs further information to make a decision about the application, the Secretary may give the approved provider a notice requesting that the approved provider give the Secretary the further information:
                     (a)  within 28 days after receiving the notice; or
                     (b)  within such other period as is specified in the notice.
             (5)  The application is taken to have been withdrawn if the information mentioned in subsection (4) is not given within whichever of the periods mentioned in that subsection applies. The notice must include a statement setting out the effect of this subsection.
             (6)  A determination under subsection (1) takes effect on the day specified in the determination. The day may be earlier than the day on which the determination is made but not earlier than 1 August 2013.
             (7)  The Secretary must notify the approved provider, in writing, of the Secretary’s decision on whether to make the determination. The notice must include reasons for the decision.
             (8)  The notice must be given to the approved provider:
                     (a)  within 28 days after the Secretary receives the application; or
                     (b)  if the Secretary has requested further information under subsection (4)—within 28 days after receiving the information.
13  Revocation of Secretary’s determination
             (1)  The Secretary may revoke a determination made under section 12 in relation to an approved provider if:
                     (a)  the Secretary is satisfied that the approved provider should no longer be eligible for the workforce supplement; or
                     (b)  the Secretary is satisfied that the approved provider has failed to comply with an undertaking, mentioned in subsection 12(3), that was given by the approved provider to the Secretary or the approved provider’s staff; or
                     (c)  the approved provider requests, in writing, the Secretary to revoke the determination.
             (2)  Before deciding to revoke the determination under paragraph (1)(a) or (b), the Secretary must notify the approved provider that it is being considered. The notice must:
                     (a)  be in writing; and
                     (b)  invite the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and
                     (c)  inform the approved provider that, if no submissions are made within the period, the revocation takes effect on the day after the last day for making submissions.
             (3)  In deciding whether to revoke the determination under paragraph (1)(a) or (b), the Secretary must:
                     (a)  consider any submissions made within the period mentioned in paragraph (2)(b); and
                     (b)  have regard to the eligibility criteria specified in Part B of the Aged Care Workforce Supplement Guidelines.
             (4)  The Secretary must notify, in writing, the approved provider of the decision. The notice must include reasons for the decision.
             (5)  The notice must be given to the approved provider within 28 days after the end of the period for making submissions. If the notice is not given within that period, the Secretary is taken to have decided not to revoke the determination.
             (6)  A revocation has effect:
                     (a)  if no submissions were made within the period mentioned in paragraph (2)(b)—on the day after the last day for making submissions; or
                     (b)  if submissions were made within that period—on the day after the approved provider receives a notice under subsection (4).
14  Workforce supplement amount
                   The amount of the workforce supplement payable in respect of a day for an eligible care recipient is the amount that is 1% of the basic subsidy amount that is payable in respect of the day for the care recipient under section 7.
15  Reviewable decisions
                   Each of the following decisions is a reviewable decision:
                     (a)  a decision under subsection 12(1) to refuse to make a determination;
                     (b)  a decision under paragraph 13(1)(a) or (b) to revoke a determination.
16  Secretary may reconsider reviewable decisions
             (1)  The Secretary may reconsider a reviewable decision if the Secretary is satisfied that there is sufficient reason to reconsider the decision.
             (2)  The Secretary may reconsider the decision even if an application for reconsideration of the decision has been made under section 17.
             (3)  After reconsidering the decision, the Secretary must:
                     (a)  confirm the decision; or
                     (b)  vary the decision; or
                     (c)  set the decision aside and substitute a new decision.
             (4)  The Secretary’s decision (the decision on review) to confirm, vary or set aside the decision takes effect:
                     (a)  on the day specified in the decision on review; or
                     (b)  if a day is not specified—on the day on which the decision on review was made.
             (5)  The Secretary must give written notice of the decision on review to the person to whom that decision relates. The notice must include reasons for the decision.
17  Reconsideration of reviewable decisions
             (1)  A person whose interests are affected by a reviewable decision may request the Secretary to reconsider the decision.
             (2)  The person’s request must be made by written notice given to the Secretary within 28 days, or such longer period as the Secretary allows, after the day on which the person first received notice of the decision.
             (3)  The notice must set out the reasons for making the request.
             (4)  After receiving the request, the Secretary must reconsider the decision and:
                     (a)  confirm the decision; or
                     (b)  vary the decision; or
                     (c)  set the decision aside and substitute a new decision.
             (5)  The Secretary’s decision (the decision on review) to confirm, vary or set aside the decision takes effect:
                     (a)  on the day specified in the decision on review; or
                     (b)  if a day is not specified—on the day on which the decision on review was made.
             (6)  The Secretary is taken, for the purposes of this Division, to have confirmed the decision if the Secretary does not give notice of a decision (including reasons for the decision) to the person within 90 days after receiving the person’s request.
Division 2.5—Dementia and cognition supplement
18  When dementia and cognition supplement applies
             (1)  The dementia and cognition supplement applies to a care recipient (in this Division called an eligible care recipient) in respect of a day if:
                     (a)  there was in force on that day a home care agreement under which the care recipient was to be provided with home care, whether or not the care was provided on that day; and
                     (b)  subsection (2), (3), (4) or (5) applied to the care recipient on that day; and
                     (c)  if subsection (2), (3) or (4) applied to the care recipient on that day—the approved provider had a record of the assessment mentioned in that subsection that was conducted in relation to the care recipient; and
                     (d)  an amount of veterans’ supplement is not payable under section 20 in respect of that day for the care recipient; and
                     (e)  a claim, under paragraph 47‑4(1)(a) of the Act, for home care subsidy that includes the dementia and cognition supplement in respect of that day for the care recipient, is made no more than 56 days after that day.
             (2)  This subsection applies to a care recipient on a day if:
                     (a)  the care recipient has been assessed in accordance with the Psychogeriatric Assessment Scales, as that tool exists on 1 August 2013; and
                     (b)  the assessment was conducted by a registered nurse, clinical nurse consultant, nurse practitioner or medical practitioner; and
                     (c)  the assessment resulted in a score of 10 or more.
             (3)  This subsection applies to a care recipient on a day if:
                     (a)  the care recipient is from a culturally or linguistically diverse background; and
                     (b)  the care recipient has been assessed in accordance with the Rowland Universal Dementia Assessment Scale, as that tool exists on 1 August 2013; and
                     (c)  the assessment was conducted by a registered nurse, clinical nurse consultant, nurse practitioner or medical practitioner; and
                     (d)  the assessment resulted in a score of 22 or less.
             (4)  This subsection applies to a care recipient on a day if:
                     (a)  the care recipient is an Aboriginal person, or a Torres Strait Islander, who lives in a rural or remote area; and
                     (b)  the care recipient has been assessed in accordance with the Kimberley Indigenous Cognitive Assessment (KICA‑Cog), as that tool exists on 1 August 2013; and
                     (c)  the assessment was conducted by:
                              (i)  a registered nurse, clinical nurse consultant, nurse practitioner or medical practitioner; or
                             (ii)  another health practitioner who is trained in the use of the tool mentioned in paragraph (b); and
                     (d)  the assessment resulted in a score of 34 or more.
             (5)  This subsection applies to a care recipient on a day if, immediately before 1 August 2013, the care recipient was receiving care, or was approved to receive care, in respect of a place allocated for the provision of flexible care in the form of extended aged care at home—dementia.
19  Dementia and cognition supplement amount
                   The amount of the dementia and cognition supplement payable in respect of a day for an eligible care recipient is the amount that is 10% of the basic subsidy amount that is payable in respect of the day for the care recipient under section 7.
Division 2.6—Veterans’ supplement
20  When veterans’ supplement applies
             (1)  The veterans’ supplement applies to a care recipient (in this Division called an eligible care recipient) in respect of a day if:
                     (a)  on that day:
                              (i)  there was in force a home care agreement under which the care recipient was to be provided with home care by an approved provider, whether or not the care was provided on that day; and
                             (ii)  the care recipient was a veteran who had an accepted mental health condition; and
                     (b)  the care recipient has, before, on or after that day, authorised:
                              (i)  the Secretary of the Department administered by the Minister administering the Veterans’ Entitlements Act 1986; and
                             (ii)  the Secretary of the Department administered by the Minister administering the Human Services (Centrelink) Act 1997;
                            to disclose to the approved provider that the care recipient is a veteran with an accepted mental health condition.
             (2)  In this section:
accepted mental health condition means a mental health condition for which:
                     (a)  the Repatriation Commission has accepted liability to pay a pension under the Veterans’ Entitlements Act 1986; or
                     (b)  the Military Rehabilitation and Compensation Commission has accepted liability to pay compensation under the Military Rehabilitation and Compensation Act 2004 or the Safety, Rehabilitation and Compensation Act 1988.
veteran means a person:
                     (a)  who is taken, under section 7 of the Veterans’ Entitlements Act 1986, to have rendered eligible war service; or
                     (b)  in respect of whom a pension is payable under subsection 13(6) of that Act; or
                     (c)  who is:
                              (i)  a member of the Forces within the meaning of subsection 68(1) of that Act; or
                             (ii)  a member of a Peacekeeping Force within the meaning of that subsection; or
                     (d)  who is:
                              (i)  a member within the meaning of the Military Rehabilitation and Compensation Act 2004; or
                             (ii)  a former member within the meaning of that Act; or
                     (e)  who is an employee within the meaning of the Safety, Rehabilitation and Compensation Act 1988.
Note:          The Acts mentioned in paragraphs (c) and (e) provide that, in some cases:
(a)    a member of the Forces, or a member of a Peacekeeping Force, includes a person who is no longer serving; and
(b)    an employee includes a person who has ceased to be an employee.
21  Veterans’ supplement amount
                   The amount of the veterans’ supplement payable in respect of a day for an eligible care recipient is the amount that is 10% of the basic subsidy amount that is payable in respect of the day for the care recipient under section 7.
Division 2.7—Top‑up supplement
22  When top‑up supplement applies
                   The top‑up supplement applies to a care recipient (in this Division called an eligible care recipient) in respect of a day (the relevant day) if:
                     (a)  on a day (the eligibility start day) within the period of 28 days ending immediately before 1 August 2013, the care recipient was being provided with care in respect of a place allocated for the provision of flexible care in the form of extended aged care at home—dementia; and
                     (b)  during the relevant day, there was in force a home care agreement under which the care recipient was to be provided with home care level 4 by an approved provider, whether or not the care was to be provided on the relevant day; and
                     (c)  there has not been 28 consecutive days within the period beginning on the eligibility start day and ending on the relevant day during which:
                              (i)  care of a kind mentioned in paragraph (a); or
                             (ii)  home care in accordance with a home care agreement;
                            was not provided to the care recipient.
Note:          If the provision of home care to the care recipient is suspended for a period under section 46‑2 of the Act, the home care agreement under which the home care is provided is taken to remain in force during the suspension period, and the care recipient is taken to have been provided with home care, as required by the agreement, on each day of the suspension period: see the Home Care Subsidy Principles 2013.
23  Top‑up supplement amount
                   The amount of the top‑up supplement payable in respect of a day for an eligible care recipient is $2.47.
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