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Subsidy Principles 2014
In force
Administered by
Department of Health and Aged Care
This item is authorised by the following title:
Aged Care Act 1997
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F2024C00676 (C22)
01 July 2024
-
30 September 2024
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Chapter 1—Preliminary
1 Name of principles
3 Authority
4 Definitions
5 Meaning of low means care recipient
6 Meaning of minimum monetary spend amount in relation to refurbished residential care service
7 Meaning of refurbishment cost in relation to residential care service
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Chapter 2—Residential care subsidy
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Part 1A—Meaning of residential care
7A Purpose of this Part
7B Care that is not residential care
Part 1—Who is eligible for residential care subsidy?
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Division 1—Purpose of this Part
8 Purpose of this Part
Division 2—Leave from residential care services
9 Care recipient provided with transition care
Division 3—Exceptional circumstances determinations
10 Determination by Secretary
11 Application for determination
12 Matters the Secretary must take into account
Part 2—How is residential care subsidy paid?
Division 1—Purpose of this Part
13 Purpose of this Part
Division 2—Capital repayment deductions
14 Kinds of payments that are capital payments
15 Working out proportion of amounts to be deducted if distinct part of residential care service has extra service status
Part 3—What is the amount of residential care subsidy?
Division 1—Purpose of this Part
20 Purpose of this Part
Division 2—Basic subsidy amount
21 Matter on which determination of basic subsidy amount may be based
Division 3—Primary supplements
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Subdivision A—Respite supplement
22 Respite supplement
23 Eligibility for respite supplement
Subdivision B—Oxygen supplement
24 Oxygen supplement
25 Eligibility for oxygen supplement—determination by Secretary
26 Circumstances relating to provision of oxygen
27 Reviewable decision
Subdivision C—Enteral feeding supplement
28 Enteral feeding supplement
29 Eligibility for enteral feeding supplement—determination by Secretary
30 Circumstances relating to provision of enteral feeding
31 Reviewable decision
Division 4—Reductions in subsidy
Subdivision A—Compensation payment reduction
37 Determination by Secretary if judgment or settlement does not, or does not adequately, take into account future costs of residential care
38 Determination by Secretary if compensation information not given on request
Subdivision B—Care subsidy reduction—general
39 Classes of people for whom care subsidy reduction is taken to be zero
40 Matters to which Secretary must have regard in deciding whether to determine if care subsidy reduction is to be taken to be zero
Subdivision C—Care subsidy reduction—amounts excluded from total assessable income
41 Working out care recipient’s means tested amount—amounts excluded from care recipient’s total assessable income
42 Excluded amounts—disability pensions and permanent impairment compensation payments
43 Excluded amounts—gifts
44 Excluded amounts—rent receipts
45 Excluded amounts—GST compensation
46 Excluded amounts—clean energy payments
Subdivision CA—Care subsidy reduction—amounts included in total assessable income
46A Included amounts—rent receipts and the Social Security Act 1991
46B Included amounts—rent receipts and the Veterans Entitlements Act 1986
Subdivision D—Care subsidy reduction—value of assets
47 Working out care recipient’s means tested amount—value of assets
48 Meaning of homeowner
Division 5—Other supplements
Subdivision A—Accommodation supplement
49 Purpose of this Subdivision
50 Matters on which determination of accommodation supplement amount may be based
51 Application for determination
52 Determination in relation to residential care service that has been significantly refurbished
53 Determination in relation to residential care service that is proposed to be significantly refurbished
54 Circumstances in which Secretary must not make determination
55 Requests for further information etc.
56 Notification of Secretary’s decision
57 Day of effect of determination
58 Determinations are not legislative instruments
59 Reviewable decisions
Subdivision B—Hardship supplement
60 Eligibility for hardship supplement—determination by Secretary
61 Meaning of essential expenses for a recipient of residential care
62 Circumstances in which Secretary may revoke financial hardship determination
Subdivision C—Viability supplement for payment periods beginning before 1 October 2022
63 Viability supplement
64 Meaning of 1997 scheme service
65 Meaning of 2001 scheme service
66 Meaning of 2005 scheme service
66A Meaning of 2017 scheme service
Subdivision D—Veterans’ supplement
67 Veterans’ supplement
68 Eligibility for veterans’ supplement
Subdivision E—Homeless supplement for payment periods beginning before 1 October 2022
69 Homeless supplement
70 Eligibility for homeless supplement
Subdivision F—COVID 19 support supplement (for COVID 19 support payment periods)
70AA COVID 19 support supplement (for COVID 19 support payment periods)
70AB Eligibility for COVID 19 support supplement
Subdivision G—Residential care support supplement (for February 2021 payment period)
70AC Residential care support supplement (for February 2021 payment period)
70AD Eligibility for residential care support supplement
Subdivision H—2021 basic daily fee supplement (for payment periods July 2021 to September 2022)
70AE 2021 basic daily fee supplement (for payment periods July 2021 to September 2022)
70AF Eligibility for 2021 basic daily fee supplement—care recipients
70AG Eligibility for 2021 basic daily fee supplement—approved providers
Subdivision I—Initial entry adjustment supplement
70AH Initial entry adjustment supplement
Subdivision J—Hotelling supplement
70AI Hotelling supplement
70AJ Eligibility for hotelling supplement
Subdivision K—Registered nurse supplement
70AK Registered nurse supplement
70AL Eligibility for registered nurse supplement
70AM Meaning of qualifying facility
Subdivision L—Outbreak management support supplement
70AN Outbreak management support supplement
70AO Eligibility for outbreak management support supplement
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Chapter 3—Home care subsidy
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Part 1A—Meaning of home care
70A Purpose of this Part
70B Care that does not constitute home care
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Part 1—Who is eligible for home care subsidy?
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Division 1—Purpose of this Part
71 Purpose of this Part
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Division 2—Suspension of home care
72 Suspension of home care
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Part 1B—On what basis is home care subsidy paid?
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Division 1—Purpose of this Part
72A Purpose of this Part
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Division 2—Variation of claims for home care subsidy
72B Variation of claims for home care subsidy
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Part 2—What is the amount of home care subsidy?
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Division 1—Purpose of this Part
73 Purpose of this Part
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Division 2—Primary supplements
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Subdivision A—Oxygen supplement
74 Oxygen supplement
75 Eligibility for oxygen supplement—determination by Secretary
76 Circumstances relating to provision of oxygen
77 Reviewable decision
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Subdivision B—Enteral feeding supplement
78 Enteral feeding supplement
79 Eligibility for enteral feeding supplement—determination by Secretary
80 Circumstances relating to provision of enteral feeding
81 Reviewable decision
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Subdivision C—Dementia and cognition supplement
82 Dementia and cognition supplement
83 Eligibility for dementia and cognition supplement
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Subdivision D—Veterans’ supplement
84 Veterans’ supplement
85 Eligibility for veterans’ supplement
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Division 3—Reductions in subsidy
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Subdivision A—Compensation payment reduction
86 Determination by Secretary if judgment or settlement does not, or does not adequately, take into account future costs of home care
87 Determination by Secretary if compensation information not given on request
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Subdivision B—Care subsidy reduction—general
88 Classes of people for whom care subsidy reduction is taken to be zero
89 Matters to which Secretary must have regard in deciding whether to determine if care subsidy reduction is to be taken to be zero
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Subdivision C—Care subsidy reduction—amounts excluded from total assessable income
90 Working out care recipient’s care subsidy reduction—amounts excluded from care recipient’s total assessable income
91 Excluded amounts—disability pensions and permanent impairment compensation payments
92 Excluded amounts—gifts
93 Excluded amounts—GST compensation
94 Excluded amounts—clean energy payments
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Division 4—Other supplements
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Subdivision A—Hardship supplement
95 Eligibility for hardship supplement—determination by Secretary
96 Meaning of essential expenses for a recipient of home care
97 Circumstances in which Secretary may revoke financial hardship determination
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Subdivision B—Viability supplement
98 Viability supplement
99 Eligibility for viability supplement
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Division 5—Shortfall amount
99A Meaning of available home care fees amount
99AA Meaning of hardship reduction amount
99B Price for home care
99C Care recipient contribution amount
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Division 6—Home care accounts
99D Home care credits
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Chapter 4—Flexible care subsidy
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Part 1—Who is eligible for flexible care subsidy?
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Division 1—Purpose of this Part
100 Purpose of this Part
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Division 2—Eligibility for flexible care subsidy
101 Classes of people who do not need approval in respect of flexible care
102 Circumstances in which flexible care is taken to be provided—places held for provision of care through multi purpose service
102A Circumstances in which flexible care is taken to be provided to certain care recipients with disabilities
102B Circumstances in which flexible care is taken to be provided—transition care
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Division 3—Kinds of care for which flexible care subsidy may be payable
103 Kinds of care
104 Multi purpose services
105 Innovative care services
106 Transition care
106A Short term restorative care
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Part 2—Basis on which flexible care subsidy is paid
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Division 1—Purpose of this Part
107 Purpose of this Part
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Division 2—Flexible care provided through a multi purpose service
108 Flexible care provided through multi purpose service
109 Decision by Secretary to enter multi purpose service agreement
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Division 3—Flexible care provided through an innovative care service
110 Flexible care provided through innovative care service—general
110A Flexible care provided through innovative care service to certain care recipients with disabilities
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Division 4—Flexible care provided as transition care
111 Flexible care provided as transition care
111AA Meaning of episode of transition care
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Division 5—Flexible care provided as short term restorative care
111A Periods in respect of which flexible care subsidy is payable
111B Meaning of payment period
111C Meaning of episode of short term restorative care
111D Payments of flexible care subsidy in advance
111E Claims for flexible care subsidy
111F Variations of claims for flexible care subsidy
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Chapter 5—Application, saving and transitional provisions
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Part 1—Amendments made by the Aged Care Legislation Amendment (Capping Home Care Charges) Principles 2022
112 Application of amendments
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Schedule 1—ACAP codes
1 ACAP codes
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Schedule 2—Appraisal procedures for targeting care for homeless people or people from Aboriginal and Torres Strait Islander communities
1 Appraisal procedures
2 Appraisal tool A—homelessness—additional special needs
3 Appraisal tool B—Aboriginal and Torres Strait Islanders—additional special needs
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history