Residential Care Subsidy Amendment Principles 2008 (No. 2)1
Aged Care Act 1997
I, JUSTINE ELLIOT, Minister for Ageing, make these Principles under subsection 96‑1 (1) of the Aged Care Act 1997.
Dated 17 March 2008
JUSTINE ELLIOT
Minister for Ageing
1 Name of Principles
These Principles are the Residential Care Subsidy Amendment Principles 2008 (No. 2).
2 Commencement
These Principles commence immediately after the Residential Care Subsidy Amendment Principles 2008 (No. 1).
3 Amendment of Residential Care Subsidy Principles 1997
Schedule 1 amends the Residential Care Subsidy Principles 1997.
Schedule 1 Amendments
(section 3)
[1] Subsection 21.3 (1), after definition of illness‑separated‑rate social security pension
insert
new resident has meaning given by section 21.11B.
[2] Section 21.3, note 2
omit
· Secretary.
insert
· Secretary
· supported resident.
[3] Section 21.6
after
provided to
insert
supported,
[4] Paragraph 21.7 (b)
after
number of
insert
supported,
[5] Subsection 21.8 (1)
after
days to
insert
supported,
[6] Paragraph 21.8 (4) (b)
after
by a
insert
supported,
[7] After Part 4
insert
Part 4A Accommodation supplement
21.11A Purpose of Part (Act s 44‑5A)
This Part specifies the matters on which the Minister’s determination of different amounts, or methods of working out, the accommodation supplement may be based.
21.11B Matters
(1) For paragraph 44‑5A (4) (b) of the Act, the matters, for a residential care service (the service), are whether, on a particular day, the service:
(a) provides residential care (other than respite care) to the specified mix of residents; and
(b) meets the building requirements.
(2) A service is taken not to meet the building requirements if a building forming part of the service does not meet the building requirements for a building of that kind.
(3) In this section:
building requirements means the requirements mentioned in Schedule 1.
new resident means a care recipient who is not receiving care on an extra service basis and enters a service after:
(a) if the service was certified on 1 October 1997 — 30 September 1997; or
(b) if the service is certified after 1 October 1997 — the date the service is certified.
post‑end‑July 1999 building has the same meaning as in Schedule 1.
pre‑end‑July 1999 building has the same meaning as in Schedule 1.
specified mix for residents receiving residential care from a service means:
(a) more than 40% of the residents to whom the service provides residential care (other than respite care), who are both post‑2008 reform residents and new residents, are supported residents; or
(b) more than 40% of the new residents to whom the service provides residential care (other than respite care) are supported, concessional or assisted residents.
[8] Section 21.13
substitute
21.13 Matter
(1) The matter is whether, on a particular day, more than 40% of the new residents to whom a residential care service provides residential care, other than respite care, are supported, concessional or assisted residents.
(2) In this section:
new resident has the meaning given by section 21.11B.
[9] Section 21.13B
substitute
21.13B Matters for determining supplement
(1) This section applies to pre‑2008 reform residents.
(2) For paragraph 44‑8A (4) (c) of the Act, the following matters are specified:
(a) the amount by which the maximum rate of concessional resident supplement is greater than $12.17;
(b) if the care recipient has paid an accommodation charge as an assisted resident — the amount of the difference between the charge exempt resident supplement and the rate of concessional resident supplement paid to the provider.
[10] Subsection 21.14 (1)
substitute
(1) This Part is about how the value of a person’s assets is to be worked out for sections 44‑5B (supported residents), 44‑7 (concessional residents) and 44‑8 (assisted residents) of the Act, and when those assets should be valued for section 44‑5B of the Act.
[11] After section 21.15
21.15A Time for assessing assets (Act para 44‑5B (1) (c))
(1) For paragraph 44‑5B (1) (c) of the Act, the other time is:
(a) the first time, after 19 March 2008, that the person enters a residential care service without having had a break in residential care of more than 28 days; or
(b) if the person enters another residential care service and a determination of the person’s assets, made under section 44‑8AB of the Act because of that entry, is less than the valuation of the person’s assets at time mentioned in paragraph (a) — the time mentioned in the determination.
(2) In this section:
break in residential care has the same meaning as in subsection 44‑5D (2) of the Act.
[12] Part 10, Division 3
substitute
Division 3 Transitional supplements
21.25C Transitional supplement
(1) This section does not apply to post‑2008 reform residents.
(2) An aged care service is eligible for the transitional supplement for each day in the payment period when residential care (other than respite care) is provided to:
(a) a care recipient who, after 30 September 1997, entered a residential care service that was not certified on the day the care recipient entered the service; or
(b) a person who:
(i) on 30 September 1997 occupied a hostel place or a nursing home bed; and
(ii) after that date continued to receive residential care from the service; and
(iii) has been classified under Part 2.4 of the Act.
(3) In this section:
hostel place means a hostel place within the meaning of the Aged or Disabled Persons Care Act 1954, as in force on 30 September 1997.
nursing home bed means a nursing home bed in a nursing home approved under section 40AA of the National Health Act 1953 as in force on 30 September 1997.
Note Subsection 44‑16 (3) of the Act provides for the Minister to determine the amount of the supplement or the way in which the amount of the supplement is to be worked out.
21.25D Accommodation charge top‑up supplement
A certified residential care service (the service) operated by an approved provider is eligible for the accommodation charge top‑up supplement for each day in the payment period when residential care is provided to a person (the resident) if:
(a) the resident:
(i) is a post‑2008 reform resident; and
(ii) receives an income support payment; and
(iii) is eligible to pay an accommodation charge; and
(b) the accommodation charge the resident was eligible to pay on entry to the residential care service is less than the accommodation charge the resident would have been eligible to pay had the resident not been receiving income support payment.
Note Subsection 44‑16 (3) of the Act provides for the Minister to determine the amount of the supplement or the way in which the amount of the supplement is to be worked out.
21.25E Transitional accommodation supplement
(1) A certified residential care service operated by an approved provider is eligible for the transitional accommodation supplement for each day in the payment period when residential care is provided to a person (the resident) if the resident:
(a) is a post‑2008 reform resident; and
(b) entered residential aged care after 19 March 2008 and before 20 September 2011; and
(c) is eligible to pay an accommodation bond.
(2) For paragraph (1) (b), a person who first entered residential aged care before 20 September 2011 (the relevant date), is taken not to have entered after the relevant date only because the person moves from one aged care home to another within 28 days after the relevant date.
Note Subsection 44‑16 (3) of the Act provides for the Minister to determine the amount of the supplement or the way in which the amount of the supplement is to be worked out.
[13] After section 21.32C
insert
21.32D Exclusion from determination — pre‑2008 reform residents
(1) This section applies to a pre‑2008 reform resident (the person).
(2) For a person who is entitled to a pension worked out under Module A of the Pension Rate Calculator B at the end of section 1065 of the Social Security Act 1991 or Module A of the Rate Calculator in Schedule 6 Part 2 of the Veterans Entitlements Act 1986:
(a) if
the amount specified is:
(b) if:
the amount specified is:
(3) For a person to whom subsection (2) does not apply:
(a) if:
the amount specified is:
(b) if:
the amount specified is:
(4) In this section:
BP (the maximum basic pension) means the amount worked out by applying point 1064‑B1 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991.
I means total assessable income.
P (the maximum pension) means the sum of :
(a) the amount worked out by applying point 1064‑B1 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991; and
(b) the amount worked out by applying points 1064‑BA1 to 1064‑BA6 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991; and
(c) the amount worked out by applying points 1064‑C1 to 1064‑C8 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991.
T (the social security income test free threshold) means the amount worked out by applying points 1064‑E4 to 1064‑E9 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act 1991.
[14] Subsection 21.35A (1), table, item 4
omit
Concessional
insert
Supported, concessional
[15] Before subparagraph 21.37 (1) (c) (i)
insert
(ia) are pre‑2008 reform residents; and
[16] After section 21.39
insert
Schedule 1 Building requirements
(subsection 21.11B (3))
1.1 Definitions
In this Schedule:
building means a building forming part of a Commonwealth funded residential care service.
Building Code of Australia means the code developed by the Australian Building Codes Board under the agreement between the Commonwealth, States and Territories made on 26 April 2006.
fire and safety requirements means adequate provision for the following:
(a) sprinklers and fire suppression;
(b) fire compartmentation and separation;
(c) egress;
(d) smoke compartmentation and separation;
(e) fire fighting equipment;
(f) alarm detection and evacuation systems;
(g) summoning assistance and evacuation systems.
post‑end‑July 1999 building means a building, or part of a building, for which plans were submitted after July 1999 to a body (including a local government body) responsible for building or development approval in the area where the building is located or proposed, for approval to construct or alter the building, or part of the building.
pre‑end‑July 1999 building means a building, or a part of a building, that is not a post‑end‑July 1999 building.
1.2 Fire and safety requirements
(1) A building is taken to meet the fire and safety requirements if the building is assessed with a score of at least 19/25 for those requirements under the Aged Care Certification Assessment Instrument, November 2002 Revision, issued by the Department of Health and Ageing.
(2) For this clause, the assessment may be conducted as part of an assessment under the Certification Principles 1997 or under subclause (3).
(3) An assessment under this subclause must be carried out by a person or body who is suitably qualified to assess buildings in accordance with the Building Code of Australia (for example, as a member of a professional body such as the Australian Institute of Building Surveyors).
1.3 Privacy and space requirements — pre‑end‑July 1999 buildings
(1) A pre‑end‑July 1999 building is taken to meet the privacy and space requirements if the building has:
(a) an average of no more than 4 residents per room; and
(b) no more than 6 residents per toilet; and
(c) no more than 7 residents per shower or bath; and
(d) toilets, showers and baths distributed across the building to ensure equitable and ready access for all residents.
Example
If a building has more than 1 wing, toilets and bathing facilities must not be restricted to 1 wing, or at a point in a wing where it would be difficult for residents to access them.
(2) However, paragraph (1) (a) does not apply to a room or rooms usually occupied by particular residents if the approved provider, when requested by the Secretary, is able to demonstrate that it is not, having regard to the culture of those residents, appropriate for that paragraph to apply.
(3) For working out the number of residents per toilet for paragraph (1) (b):
(a) toilets off common areas are to be included; and
(b) toilets primarily for the use of staff are to be excluded.
(4) For working out the number of residents per shower or bath for paragraph (1) (c):
(a) showers and baths off common areas are to be included; and
(b) showers and baths primarily for the use of staff are to be excluded.
1.4 Privacy and space requirements — post‑end‑July 1999 buildings
(1) A post‑end‑July 1999 building is taken to meet the privacy and space requirements if the building has:
(a) an average of no more than 1.5 residents per room; and
(b) no room that may accommodate more than 2 residents; and
(c) no more than 3 residents per toilet; and
(d) no more than 4 residents per shower or bath; and
(e) toilets, showers and baths distributed across the building to ensure equitable and ready access for all residents.
Example
If a building has more than 1 wing, toilets and bathing facilities must not be restricted to 1 wing, or at a point in a wing where it would be difficult for residents to access them.
(2) However, paragraphs (1) (a) and (b) do not apply to a room or rooms usually occupied by particular residents if the approved provider, when requested by the Secretary, is able to demonstrate that it is not, having regard to the culture of those residents, appropriate for those paragraphs to apply.
(3) For working out the number of residents per toilet for paragraph (1) (c):
(a) toilets off common areas are to be included; and
(b) toilets primarily for the use of staff are to be excluded.
(4) For working out the number of residents per shower or bath for paragraph (1) (d):
(a) showers and baths off common areas are to be included; and
(b) showers and baths primarily for the use of staff are to be excluded.
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.
