Residential Care Subsidy Amendment Principles 2012 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2012L01279

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Residential Care Subsidy Amendment Principles 2012 (No. 1)1
Aged Care Act 1997
I, MARK BUTLER, Minister for Mental Health and Ageing, make these Principles under section 96-1 of the Aged Care Act 1997.
Dated                 29 May                          2012
MARK BUTLER
Minister for Mental Health and Ageing
1              Name of Principles
                These Principles are the Residential Care Subsidy Amendment Principles 2012 (No. 1).
2              Commencement
                These Principles commence on 1 July 2012.
3              Amendment of Residential Care Subsidy Principles 1997
                Schedule 1 amends the Residential Care Subsidy Principles 1997.
Schedule 1        Amendments
(section 3)  
[1]           Section 21.24
substitute
 
21.24      Purpose of Part (Act s 44-16)
This Part provides for additional primary supplements, including payroll tax supplement, transitional supplement, basic daily fee supplement and conditional adjustment payment (CAP), and specifies the circumstances in which they will apply.
 
[2]           After section 21.25E
insert
 
Division 3A        Basic Daily Fee supplement
 
21.25F            Basic daily fee supplement
 
(1)        An approved provider is eligible for the basic daily fee supplement for a particular day in a payment period that commences on or after 1 July 2012 if:
(a)        residential care (other than respite care) is provided to an eligible care recipient on that day; and
                        (b)        the approved provider complies with subsection (3) in                                              respect of that day.
 
            (2)        For subsection (1):
                        eligible care recipient means a care recipient:
                        (a)        who was not in receipt of one or more of the following clean                                   energy qualifying payments listed in subsection                                                        914(4) of the Social Security Act 1991 on 1 July 2012:
                                    (i)         age pension;
                                    (ii)        seniors supplement; and
                        (b)        who was not in receipt of one or more of the following clean                                   energy underlying payments listed in subsection 5Q(1) of the                                  Veterans’ Entitlements Act 1986 on 1 July 2012:
                                    (i)         service pension;
                                    (ii)        seniors supplement; and
                        (c)        who was not the holder of a seniors health card on 1 July 2012;                               and
                        (d)       in respect of whom the approved provider received subsidy                                                 under Chapter 3 of the Act for providing residential care on
                                    1 July 2012;
                        (e)        in respect of whom the approved provider has continued to                                                 receive subsidy under Chapter 3 of the Act for providing                                         residential care for each day since 1 July 2012.            
 
            (3)        The approved provider complies with this subsection if the approved                      provider charges the eligible care recipient no more than the maximum                       daily amount of resident fees permitted under Division 58 of the Act                        minus an amount obtained by rounding down to the nearest cent an                        amount equal to 1% of the basic age pension amount (worked out on a                   per day basis).
 
                Note      Under paragraph 56-1(m) of the Act and section 23.14A of the User Rights                                          Principles the approved provider has a responsibility to give an eligible care                                                 recipient, or his or her representative, information about the effect of this section on                   the amount of resident fees an eligible care recipient can be required to pay.        
 
[3]       After section 21.32D
 
            insert
 
21.32E           Exclusion from determination — clean energy payments
 
            (1)        This section applies to an approved care recipient who is receiving                           residential care.
 
            (2)        The following amounts are specified:
                        (a)        any amount of clean energy advance, clean energy supplement                                or quarterly clean energy supplement paid to the care recipient                            under the Social Security Act 1991;
                        (b)        any amount of clean energy advance, clean energy supplement                                or quarterly clean energy supplement paid to the care recipient                            under the Veterans’ Entitlements Act 1986.
             
 
______________________________________________________________
 
Note
1.         All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au