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Aged Care (Consequential Provisions) Act 1997 - Determination of additional amount payable in respect of residential care services under subsection 60(1) (AC(CP)A Ch 3 No. 1/2007)

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AC(CP)A Ch 3 No. 1/2007
 
 
AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997
 
 
 
Determination of additional amount payable in respect of residential care services under subsection 60 (1)
 
 
 
I, CHRISTOPHER PYNE, Minister for Ageing, acting under subsection 60 (1) of the Aged Care (Consequential Provisions) Act 1997, SPECIFY circumstances in which an additional amount (the Interim Accommodation Supplement) is payable to an approved provider in respect of residential care services in respect of which residential care subsidy is payable under section 43-1 of the Aged Care Act 1997.
1       Definition - Instalment Periods
(1)          The First Instalment Period includes all days from 1 July 2007 to 30 September 2007 (inclusive).
(2)          The Second Instalment Period includes all days from 1 October 2007 to 31 December 2007 (inclusive).
(3)          The Third Instalment Period includes all days from 1 January 2008 to 19 March 2008 (inclusive).
2       Definition – Relevant Day
(1)          The Relevant Day for an approved provider making a claim for Interim Accommodation Supplement for a particular day which falls within:
(a)          the First Instalment Period - is the day on which the Secretary certifies the approved provider’s claim for the First Instalment Period;
(b)          the Second Instalment Period - is the day on which the Secretary certifies the provider’s claim for the Second Instalment Period;
(c)          the Third Instalment Period - is the day on which the Secretary certifies the provider’s claim for the Third Instalment Period.

3       Eligibility for the Interim Accommodation Supplement
(1)          Subject to clause 3(2), the circumstances in which the Interim Accommodation Supplement is payable are that:
(a)          A residential care service in respect of which a claim for Interim Accommodation Supplement is made was certified as defined in the Aged Care Act on each day for which such a claim is made; and
(b)          Residential care subsidy was payable under the Aged Care Act in respect of a care recipient in respect of whom a claim for Interim Accommodation Supplement is made on each day for which such a claim is made; and
(c)          A care recipient in respect of whom a claim is made was not a recipient of residential care provided on an extra service basis under section 36-1 of the Aged Care Act on any day for which a claim is made; and
(d)          A care recipient in respect of whom a claim is made was a recipient of residential care provided as respite care as defined in the Aged Care Act which was not limited to a low level of residential care on each day for which a claim is made; or
(e)          A care recipient in respect of whom a claim is made received a high level of residential care as defined in the Aged Care Act on each day for which a claim is made and on each such day:
(i)             the care recipient was classified under Part 2.4 of the Aged Care Act as needing a high level of residential care; or
(ii)           there was no classification under Part 2.4 of the Aged Care Act in effect for the care recipient, but the most recent classification in effect for the care recipient was that the person needed a high level of residential care; or
(iii)          the care recipient had yet to be classified under Part 2.4 of the Aged Care Act but was approved under Part 2.3 of the Act as a recipient of residential care which was not limited to a low level of residential care; or
(iv)         the classification level of the care recipient under Part 2.4 of the Aged Care Act was taken to be reduced to a low level of residential care only because of the operation of section 44-4 of that Act.
(2)          In determining if the Interim Accommodation Supplement is payable in respect of a particular day, only information available to the Secretary of the Department of Health and Ageing (the Secretary) on the Relevant Day for that particular day is to be considered.
4       Amount of the Interim Accommodation Supplement
(1)          The amount of the Interim Accommodation Supplement payable in respect of each care recipient in respect of each day on which the circumstances in clause 3(1) apply is $3.50.
5       Amount of Instalment Payment
(1)          The amount of instalment payment for an Instalment Period is amount of Interim Accommodation Supplement payable in respect of that Instalment Period.
6       Payment of Instalment Payment
(1)          An instalment payment in respect of the First Instalment Period is payable on the day on which the Secretary certifies the provider’s claim for the First Instalment Period;
(2)          An instalment Payment in respect of the Second Instalment Period is payable on the day on which the Secretary certifies the provider’s claim for the Second Instalment Period;
(3)          An instalment payment in respect of the Third Instalment Period is payable on the day on which the Secretary certifies the provider’s claim for the Third Instalment Period.
 
 
 
Dated this         26th                 day of               June       2007
 
 
Signed by
 
 
 
 
 
CHRISTOPHER PYNE
Minister for Ageing