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Aged Care (Transitional Provisions) Principles 2014
In force
Administered by
Department of Health and Aged Care
This item is authorised by the following title:
Aged Care (Transitional Provisions) Act 1997
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F2023C00344 (C29)
20 March 2023
-
30 June 2023
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Chapter 1—Preliminary
1 Name of principles
3 Authority
3A Principles apply to continuing care recipients
4 Definitions
5 Meaning of homeowner
7 Meaning of low means care recipient
8 Meaning of maximum permissible interest rate
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Chapter 2—Residential care subsidy
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Part 1—Who is eligible for residential care subsidy?
Division 1—Purpose of this Part
9 Purpose of this Part
Division 2—Leave from residential care services
10 Care recipient provided with transition care
Part 2—How is residential care subsidy paid?
Division 1—Purpose of this Part
11 Purpose of this Part
Division 2—Capital repayment deductions
12 Kinds of payment that are capital payments
13 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
17 Purpose of this Part
Division 3—Primary supplements
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Subdivision A—Accommodation supplement
19 Determination of accommodation supplement amount—other matters
Subdivision B—Concessional resident supplement
20 Determination of concessional resident supplement amount—other matters
Subdivision D—Respite supplement
24 Eligibility for respite supplement—requirements
25 Maximum number of days of respite care
26 Determination of respite supplement amount—other matters
Subdivision E—Oxygen supplement
27 Circumstances relating to provision of oxygen
Subdivision F—Enteral feeding supplement
28 Circumstances relating to provision of enteral feeding
Division 4—Additional primary supplements
29 Purpose of this Division
Subdivision C—Accommodation charge top up supplement
34 Accommodation charge top up supplement
35 Eligibility for accommodation charge top up supplement
Subdivision D—Transitional accommodation supplement
36 Transitional accommodation supplement
37 Eligibility for transitional accommodation supplement
Subdivision E—2012 basic daily fee supplement
38 2012 basic daily fee supplement
39 Eligibility for 2012 basic daily fee supplement
Division 5—Value of assets
43 Supported residents—time for assessing assets
44 Working out the value of assets
Division 6—Reductions in subsidy
45 Compensation payment reduction—judgment or settlement does not, or does not adequately, take into account future costs of residential care
Division 7—The income test
Subdivision A—Daily income tested reduction—general
46 Classes of people for whom daily income tested reduction is taken to be zero
47 Matters to which Secretary must have regard in deciding whether to determine if daily income tested reduction is to be taken to be zero
Subdivision B—Daily income test reduction—amounts excluded from total assessable income
48 Amounts excluded from care recipient’s total assessable income
49 Excluded amounts—disability pensions and permanent impairment compensation payments
50 Excluded amounts—gifts
51 Excluded amounts—rent receipts
52 Excluded amounts—GST compensation
53 Excluded amounts—pre 2008 reform residents
54 Excluded amounts—clean energy payments
Division 8—Other supplements
Subdivision B—Hardship supplement
56 Eligibility for hardship supplement—classes of care recipients
57 Eligibility for hardship supplement—determination by Secretary
58 Circumstances in which Secretary may revoke financial hardship determination
Subdivision C—Veterans’ supplement
59 Veterans’ supplement
60 Eligibility for veterans’ supplement
Subdivision D—Homeless supplement for payment periods beginning before 1 October 2022
62 Homeless supplement
63 Eligibility for homeless supplement
Subdivision E—COVID 19 support supplement (for COVID 19 support payment periods)
64 COVID 19 support supplement
Subdivision F—Residential care support supplement (for February 2021 payment period)
64A Residential care support supplement (for February 2021 payment period)
Subdivision G—2021 basic daily fee supplement (for payment periods July 2021 to September 2022)
64B 2021 basic daily fee supplement (for payment periods July 2021 to September 2022)
64C Eligibility for 2021 basic daily fee supplement
Subdivision H—Initial entry adjustment supplement
64D Initial entry adjustment supplement
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Chapter 3—Home care subsidy
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Part 1—Who is eligible for home care subsidy?
65 Purpose of this Part
66 Suspension of home care
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Part 2—On what basis is home care subsidy paid?
67 Purpose of this Part
67A Variation of claims for home care subsidy
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Part 3—What is the amount of home care subsidy?
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Division 1—Amount of home care subsidy
67B Purpose of this Part
67C Amount of home care subsidy in respect of care recipient in respect of payment period
67D Amount of home care subsidy in respect of care recipient in respect of day
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Division 2—Basic subsidy amount
67E Basic subsidy amount—general
67F Basic subsidy amount—during suspension period
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Division 3—Viability supplement
67G Amount of viability supplement
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Division 4—Dementia and cognition supplement
67H Eligibility for dementia and cognition supplement
67J Amount of dementia and cognition supplement
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Division 5—Veterans’ supplement
67K Eligibility for veterans’ supplement
67L Amount of veterans’ supplement
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Division 6—Top up supplement
67M Eligibility for top up supplement
67N Amount of top up supplement amount
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Chapter 3A—Flexible care subsidy
68A Purpose of this Chapter
68B Application of Chapter 4 of the Subsidy Principles 2014
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Chapter 4—Responsibilities of approved providers
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Part 1—Accommodation bonds
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Division 1—Basic rules about accommodation bonds
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Subdivision A—Information about accommodation bonds etc.
69 Purpose of this Subdivision
70 Information about accommodation bonds
71 Extension of time for entering into accommodation bond agreement
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Subdivision B—Other rules about accommodation bonds
72 Purpose of this Subdivision
73 Accommodation bond agreement required even if financial hardship determination is sought
74 Payment if agreed accommodation bond not paid
75 Payment of accommodation bond before refund of pre allocation lump sum
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Division 2—Contents of accommodation bond agreements
76 Purpose of this Division
77 Amount of accommodation bond—no financial hardship
78 Retention amounts and interest, or interest equivalent, charges
79 Periodic payments
80 Providing information to third parties
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Division 3—Financial hardship determinations
81 Purpose of this Division
82 Matters to which Secretary must have regard in deciding whether to make financial hardship determination
83 Circumstances in which Secretary may revoke financial hardship determination
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Division 4—Paying accommodation bond by periodic payments
84 Purpose of this Division
85 Frequency of periodic payments
86 Agreement on periodic payments
87 Method for working out amounts of periodic payments
88 Respite care periods to be disregarded
89 Minimum amount of periodic payments
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Division 5—Rights of approved providers
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Subdivision A—Retention of income derived from investment of accommodation bond balance
90 Purpose of this Subdivision
91 Working out amounts
92 Respite care periods to be disregarded
93 Financial hardship—period to be disregarded
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Subdivision B—Deduction from accommodation bond balance of interest on amounts owed
94 Purpose of this Subdivision
95 Interest on amounts owed
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Subdivision C—Deduction of retention amounts in respect of accommodation bond
96 Purpose of this Subdivision
97 Maximum retention amount
98 Indexation of maximum retention amounts
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Subdivision D—Restriction on deduction of amounts
99 Purpose of this Subdivision
101 Financial hardship—period to be disregarded
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Subdivision E—Period for deduction of retention amounts
102 Purpose of this Subdivision
104 Entry date if care recipient is transferred from respite care to permanent accommodation
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Part 2—Accommodation charges
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Division 1—Basic rules about accommodation charges
105 Purpose of this Division
106 Information about accommodation charges
107 Accommodation charge agreement required even if financial hardship determination is sought
108 Extension of time for entering into accommodation charge agreement
109 Period of respite care
111 Period of prohibition on charging accommodation charge
112 Period of financial hardship
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Division 2—Contents of accommodation charge agreements
113 Purpose of this Division
114 Amount of accommodation charge—no financial hardship
115 Providing information to third parties
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Division 3—Maximum daily accrual amount of accommodation charge
116 Purpose of this Division
117 Specified amounts for maximum daily accommodation charge—pre 2008 reform residents
118 Specified amounts for maximum daily accommodation charge—post 2008 reform residents
119 Indexation of maximum daily accommodation charge
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Division 4—Financial hardship determinations
120 Purpose of this Division
121 Matters to which Secretary must have regard in deciding whether to make financial hardship determination
122 Circumstances in which Secretary may revoke financial hardship determination
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Division 5—Interest on accommodation charge
123 Purpose of this Division
124 Rate of interest on outstanding accommodation charge
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Part 3—Resident fees
125 Purpose of this Part
126 Additional amount for residential care service in remote area
127 Additional amounts may be agreed by care recipient in unfunded place
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Part 4—Home care fees
128 Purpose of this Part
129 Refund of home care fees
130 Determination of levels of maximum daily amounts of home care fees
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Chapter 5—Application, transitional and saving provisions
131 Saving—transitional supplement
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Schedule 1—Building requirements
1 Definitions
3 Privacy and space requirements—pre end July 1999 buildings
4 Privacy and space requirements—post end July 1999 buildings
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history