Aged Care (Residential care subsidy - amount of accommodation supplement) Determination 2008 (No. 2) (ACA Ch. 3 No. 23/2008)

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Aged Care (Residential care subsidy — amount of accommodation supplement) Determination 2008 (No. 2)¹
Aged Care Act 1997
 
I, JUSTINE ELLIOT, Minister for Ageing, make this Determination under subsection 44-5A (3) of the Aged Care Act 1997.
 
Dated   Sept. 19th                         2008
 
 
 
 
 
 
 
JUSTINE ELLIOT
Minister for Ageing
1              Name of Determination
This Determination is the Aged Care (Residential care subsidy — amount of accommodation supplement) Determination 2008 (No. 2).  This Determination may also be cited as ACA Ch. 3 No. 23/2008.
2              Commencement
This Determination commences on 20 September 2008.
3              Revocation
The Aged Care (Residential care subsidy – amount of accommodation supplement) Determination 2008 made by the Minister on 17 March 2008 under subsection 44-5A (3) of the Act is revoked.
4              Definitions
In this Determination:
Act means the Aged Care Act 1997.
minimum permissible asset value has the same meaning as in subsection 57-12 (3) of the Act.
new resident has the meaning given by section 21.11B of the Principles.
Principles means the Residential Care Subsidy Principles 1997.
Note            A number of expressions used in this Determination are defined in the Aged Care Act 1997, including:
·            assisted resident
·            concessional resident
·            residential care
·            residential care service
·              respite care
·            supported resident.
5              Method to work out the amount of accommodation supplement
Follow these steps to work out the amount of accommodation supplement payable for a supported resident:
Step 1      For each day after 19 September 2008, the maximum rate of the accommodation supplement for a supported resident in a residential care service (the applicable maximum rate) is:
(a)      if on the day the service meets the building requirements mentioned in section 21.11B of the Principles — $26.88; or
(b)      if on the day the service does not meet those requirements — $25.06.
Step 2      The notional accommodation supplement payable is the applicable maximum rate for a supported resident (a person) if:
(a)      a determination referred to in paragraph 44-5B (2) (a) of the Act applies to the person; or
(b)      the value of the assets of the person is less than the minimum permissible asset value.
Step 3       If Step 2 does not apply, the notional accommodation supplement payable for the person is:
NAS = AMR – [(A – T)/ 2080]
where:
NAS is the notional accommodation supplement.
AMR is the applicable maximum rate of accommodation supplement for the person.
A is the value of the person's assets at the time when he or she entered the residential care service or at another time specified in the Principles for paragraph 44-5B (1) (c) of the Act.
T (threshold) is the minimum permissible asset value.
Step 4       The accommodation supplement payable for the person will be:
(a)   equal to the notional accommodation supplement payable for the person if on a day for which accommodation supplement is payable, either of the following (the specified circumstances) apply:
(i)        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;
(ii)      more than 40% of the new residents to whom the service provides residential care (other than respite care) are supported residents, concessional or assisted residents; or
(b)   equal to 75% of the notional accommodation supplement payable for the person if neither of the specified circumstances apply.
Note If the value of the person's assets exceeds the maximum asset threshold determined under section 44-5B (1) (c) of the Act, the person will not be eligible for an accommodation supplement because he or she will not be a supported resident (unless there is a determination in force for the person and the person is a post-2008 reform resident — see subsection 44-5B (2) of the Act).
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.

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