2008 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Aged Care Amendment (2008 Measures No. 1) Bill 2008 No. , 2008 (Health and Ageing) A Bill for an Act to amend the law relating to aged care, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 2 Schedule 1--Aged Care Act 1997 3 Part 1--Amendments 3 Part 2--Application and transitional provisions 39 Schedule 2--Aged Care (Bond Security) Act 2006 43 Schedule 3--Aged Care (Bond Security) Levy Act 2006 44 [Page Break] 2 care, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Aged Care Amendment (2008 6 Measures No. 1) Act 2008. 7 2 Commencement 8 (1) Each provision of this Act specified in column 1 of the table 9 commences, or is taken to have commenced, in accordance with 10 column 2 of the table. Any other statement in column 2 has effect 11 according to its terms. 12 Aged Care Amendment (2008 Measures No. 1) Bill 2008 No. , 2008 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1, 20 March 2008. 20 March 2008 items 1 to 12 3. Schedule 1, At the same time as item 16 of Schedule 1 to item 13 the Aged Care Amendment (Residential Care) Act 2007 commences. 4. Schedule 1, 20 March 2008. 20 March 2008 items 14 to 170 5. Schedule 1, 20 March 2008. 20 March 2008 Part 2 6. Schedules 2 20 March 2008. 20 March 2008 and 3 1 Note: This table relates only to the provisions of this Act as originally 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. [Page Break] 2 Schedule 1--Aged Care Act 1997 3 Part 1--Amendments 4 1 Section 3-6 5 Repeal the section, substitute: 6 3-6 The structure of this Act 7 This diagram sets out the basic structure of this Act. Chapter 2 - Preliminary matters relating to subsidies Part 2.1 Approval of providers Part 2.2 Allocation of places Part 2.3 Approval of care recipients Part 2.4 Classification of care recipients Part 2.5 Extra service places Part 2.6 Certification of residential care services Chapter 3 - Subsidies Part 3.1 Residential care subsidies Part 3.2 Community care subsidies Part 3.3 Flexible care subsidies Chapter 5 - Grants Part 5.1 Residential care grants Part 5.2 Community care grants Part 5.2A Flexible care grants Chapter 4 - Responsibilities of approved providers Part 5.3 Assessment grants Part 4.1 Quality of care Part 5.4 Accreditation grants Part 4.2 User rights Part 5.5 Advocacy grants Part 4.3 Accountability Part 5.6 Community visitors grants Part 4.4 Consequences of non-compliance Part 5.7 Other grants Chapter 6 - Administration Part 6.1 Reconsideration and review of decisions Part 6.2 Protection of information Part 6.3 Record keeping Part 6.4 Powers of officers Part 6.5 Recovery of overpayments 8 [Page Break] 2 Add ", except the Territory of Christmas Island and the Territory of 3 Cocos (Keeling) Islands". 4 3 At the end of section 4-1 5 Add: 6 (3) Despite subsection (1), Parts 2.2, 2.5 and 3.1 apply in relation to 7 the Territory of Christmas Island and the Territory of Cocos 8 (Keeling) Islands as if those Territories were part of Western 9 Australia and were not Territories. 10 Note: This has the effect that references in Parts 2.2, 2.5 and 3.1 to a 11 Territory do not apply to the Territory of Christmas Island or the 12 Territory of Cocos (Keeling) Islands, and that references in those Parts 13 to a State will be relevant to Western Australia as if it included those 14 Territories. 15 4 Section 5-2 (note 2) 16 Repeal the note, substitute: 17 Note 2: Allocation of funding for *residential care grants, *community care 18 grants and *flexible care grants is dealt with in Parts 5.1, 5.2 and 5.2A 19 respectively, and not in this Chapter. 20 5 Paragraph 12-5(1)(b) 21 Before "*concessional residents", insert "*supported residents,". 22 6 Subparagraph 12-5(3)(d)(ii) 23 After "to be", insert "*supported residents,". 24 7 After subsection 12-6(1) 25 Insert: 26 (1A) If the Secretary determines the *regions within Western Australia, 27 he or she must determine that one of those regions consists of the 28 Territory of Christmas Island and the Territory of Cocos (Keeling) 29 Islands. 30 8 Subparagraph 13-2(3)(e)(ii) 31 Before "*concessional residents", insert "*supported residents,". 32 9 Subparagraph 14-5(4)(a)(ii) [Page Break] 2 10 Subsection 15-4(4) 3 Repeal the subsection, substitute: 4 (4) In deciding whether to vary or revoke the *provisional allocation, 5 the Secretary must consider: 6 (a) any submissions made within that period; and 7 (b) any matters specified in the Allocation Principles. 8 11 At the end of section 15-5 9 Add: 10 (7) In deciding whether to vary the *provisional allocation, the 11 Secretary must have regard to any matters specified in the 12 Allocation Principles. 13 12 Subparagraph 16-6(e)(ii) 14 Before "*concessional residents", insert "*supported residents,". 15 13 Subsections 25-4D(1) and (2) 16 Omit "14 days", substitute "28 days". 17 14 Subsections 32-3(3) and (4) 18 Omit "14 days", substitute "28 days". 19 15 Subparagraph 32-4(1)(a)(i) 20 Repeal the subparagraph, substitute: 21 (i) are *supported residents, *concessional residents or 22 *assisted residents; or 23 16 Section 37-1 24 Before "concessional resident supplements", insert "accommodation 25 supplements or". 26 17 Paragraph 38-5(1)(b) 27 Omit "14 days", substitute "28 days". 28 18 After subsection 42-5(4) [Page Break] 2 (4A) A determination made under subsection (1) is not a legislative 3 instrument. 4 19 Section 42-8 5 Before "If:", insert "(1)". 6 20 At the end of section 42-8 7 Add: 8 (2) A notice given under subsection (1) is not a legislative instrument. 9 21 After section 43-4 10 Insert: 11 43-4A Variations of claims for residential care subsidy 12 (1) An approved provider may vary the claim made in respect of a 13 *payment period within: 14 (a) 2 years after the end of the payment period; or 15 (b) such longer period as is determined in respect of the claim by 16 the Secretary. 17 (2) In determining a longer period for the purposes of paragraph (1)(b), 18 the Secretary must be satisfied that a variation is required: 19 (a) due to an administrative error made by the Commonwealth or 20 an agent of the Commonwealth; or 21 (b) because the Commonwealth or an agent of the 22 Commonwealth considers that the circumstances of a care 23 recipient are different from those on the basis of which 24 subsidy was claimed. 25 Note: Determinations of periods under paragraph (1)(b) are reviewable 26 under Part 6.1. 27 (3) A determination made under paragraph (1)(b) is not a legislative 28 instrument. 29 22 Paragraph 43-8(1)(a) 30 Before "*concessional residents", insert "*supported residents,". [Page Break] 2 Insert: 3 (3A) A notice given under subsection (3) is not a legislative instrument. 4 24 Subsection 44-3(2) 5 Omit "in writing", substitute "by legislative instrument". 6 25 Before paragraph 44-5(a) 7 Insert: 8 (aaa) the accommodation supplement (see section 44-5A); 9 26 After section 44-5 10 Insert: 11 44-5A The accommodation supplement 12 (1) The accommodation supplement for the care recipient in respect of 13 the *payment period is the sum of all the accommodation 14 supplements for the days during the period on which: 15 (a) the care recipient was provided with residential care (other 16 than *respite care) through the residential care service in 17 question; and 18 (b) the care recipient was eligible for an accommodation 19 supplement. 20 (2) The care recipient is eligible for an accommodation supplement on 21 a particular day if, on that day: 22 (a) the care recipient's *classification level is not the lowest 23 applicable classification level; and 24 (b) the care recipient is a *supported resident; and 25 (c) the residential care service is *certified; and 26 (d) the residential care provided to the care recipient is not 27 provided on an extra service basis for the purposes of 28 Division 36. 29 (3) The accommodation supplement for a particular day is the amount: 30 (a) determined by the Minister by legislative instrument; or 31 (b) worked out in accordance with a method determined by the 32 Minister by legislative instrument. [Page Break] 2 amounts) or methods based on any one or more of the following: 3 (a) the value of assets held by a care recipient; 4 (b) any other matter specified in the Residential Care Subsidy 5 Principles. 6 44-5B Meaning of supported resident 7 (1) A person is a supported resident on a particular day if: 8 (a) on that day, the person is being provided with residential care 9 (other than *respite care) through a residential care service; 10 and 11 (b) on that day, the person is a *post-2008 reform resident; and 12 (c) the amount determined by the Secretary by legislative 13 instrument in relation to that day for the purposes of this 14 paragraph is equal to or more than the value of the person's 15 assets at the time at which the person *entered the residential 16 care service or such other time specified in the Residential 17 Care Subsidy Principles. 18 Note: Some *supported residents may be required to pay an 19 *accommodation bond or an *accommodation charge--see 20 sections 57-12 and 57A-6. 21 If there is financial hardship 22 (2) A person is also a supported resident if: 23 (a) a determination is in force under section 57-14 or 57A-9 in 24 respect of the person; and 25 (b) the person is a *post-2008 reform resident. 26 44-5C Meaning of post-2008 reform resident 27 A person is a post-2008 reform resident if the person is being 28 provided with residential care through a residential care service and 29 the person is not a *pre-2008 reform resident. 30 44-5D Meaning of pre-2008 reform resident 31 (1) A person is a pre-2008 reform resident if: 32 (a) the person is being provided with residential care through a 33 residential care service; and [Page Break] 2 (i) the person *entered a residential care service before 3 20 March 2008; or 4 (ii) the person was on *pre-entry leave from a residential 5 care service immediately before 20 March 2008 and the 6 person entered the residential care service on or after 7 20 March 2008 at the end of that pre-entry leave; and 8 (c) the person has not had a break in residential care of more 9 than 28 days between: 10 (i) the last residential care service through which 11 residential care was provided, or taken to be provided, 12 to the person before 20 March 2008 and the next 13 residential care service through which residential care is 14 provided, or taken to be provided, to the person; and 15 (ii) any residential care service through which residential 16 care is provided, or taken to be provided, to the person 17 on or after 20 March 2008 and the next residential care 18 service through which residential care is provided, or 19 taken to be provided, to the person. 20 (2) The period: 21 (a) beginning on the day on which a person ceases to be 22 provided with residential care through a residential care 23 service (other than because the person is on *leave from the 24 residential care service); and 25 (b) ending on the day on which the person *enters, or begins 26 *pre-entry leave, with the next residential care service 27 through which residential care is provided, or taken to be 28 provided, to the person; 29 is a break in residential care for the person. 30 (3) For the purposes of subsections (1) and (2), a person is not 31 provided, or taken to be provided, with residential care during any 32 period during which the person is being provided with *respite 33 care. 34 44-5E Meaning of pre-entry leave 35 A care recipient is on pre-entry leave from a residential care 36 service on a particular day if, on that day, the care recipient is taken 37 to be provided with residential care by the residential care service [Page Break] 2 of subsection 42-3(3). 3 27 Subsection 44-6(4) 4 Omit "in writing", substitute "by legislative instrument". 5 28 Subsection 44-7(1A) 6 Repeal the subsection, substitute: 7 (1A) A person is also a concessional resident if: 8 (a) the person is being provided with residential care (other than 9 *respite care) through a residential care service; and 10 (b) the applicable time under subsection (2) is on or after 1 July 11 2005; and 12 (c) the person is a *pre-2008 reform resident; and 13 (d) there is in force a determination covered by subsection (1B) 14 or (1C). 15 29 Subsection 44-7(3) 16 Repeal the subsection, substitute: 17 If there is financial hardship (whatever the applicable time) 18 (3) A person is also a concessional resident if: 19 (a) a determination is in force under section 57-14 or 20 section 57A-9 in respect of the person; and 21 (b) the person is a *pre-2008 reform resident. 22 30 Subsection 44-8(1A) 23 Repeal the subsection, substitute: 24 (1A) A person is also an assisted resident if: 25 (a) the person is being provided with residential care (other than 26 *respite care) through a residential care service; and 27 (b) the applicable time under subsection (2) is on or after 1 July 28 2005; and 29 (c) the person is a *pre-2008 reform resident; and 30 (d) there is in force a determination covered by subsection (1B) 31 or (1C). [Page Break] 2 Repeal the subsection. 3 32 At the end of section 44-8AA 4 Add: 5 (8) A resident status determination made under subsection (1) is not a 6 legislative instrument. 7 33 Subsection 44-8AB(1) (note) 8 After "as well as whether the person is", insert "a *supported resident 9 under section 44-5B,". 10 34 At the end of section 44-8AB 11 Add: 12 (6) A determination made under subsection (1) is not a legislative 13 instrument. 14 35 Paragraph 44-8A(3)(b) 15 Omit "in writing", substitute "by legislative instrument". 16 36 Before paragraph 44-8A(4)(a) 17 Insert: 18 (aa) the maximum rate of accommodation supplement; 19 37 After paragraph 44-8A(4)(b) 20 Insert: 21 (ba) if the care recipient is a *supported resident--the amount of 22 the accommodation supplement that is payable in respect of 23 the care recipient on a particular day; 24 38 Paragraph 44-9(b) 25 After "to determine whether the care recipient is", insert "a *supported 26 resident,". 27 Note: The heading to section 44-9 is altered by inserting "a supported resident," before "a 28 concessional resident". 29 39 Section 44-9 [Page Break] 2 44-5B(1),". 3 40 Subsection 44-10(1) 4 After "for the purposes of section", insert "44-5A, 44-5B,". 5 Note: The heading to section 44-11 is altered by inserting "supported residents," before 6 "concessional residents". 7 41 At the end of section 44-10 8 Add: 9 (5) A determination under paragraph (1A)(a), (1A)(b), (1B)(a) or 10 (1B)(b) or subsection (1C) is not a legislative instrument. 11 42 Subsection 44-12(3) 12 Omit "in writing", substitute "by legislative instrument". 13 43 After subsection 44-13(2) 14 Insert: 15 (2A) A determination made under subsection (2) is not a legislative 16 instrument. 17 44 Paragraph 44-13(6)(a) 18 Omit "in writing", substitute "by legislative instrument". 19 45 Paragraph 44-13(6)(b) 20 Omit "in writing", substitute "by legislative instrument". 21 46 Subsection 44-13(7) 22 After "(including nil amounts)", insert "or methods". 23 47 Subsection 44-13(7) 24 Omit "in writing", substitute "by legislative instrument". 25 48 After subsection 44-14(2) 26 Insert: 27 (2A) A determination made under subsection (2) is not a legislative 28 instrument. [Page Break] 2 Omit "in writing", substitute "by legislative instrument". 3 50 Paragraph 44-14(6)(b) 4 Omit "in writing", substitute "by legislative instrument". 5 51 Subsection 44-14(7) 6 After "(including nil amounts)", insert "or methods". 7 52 Subsection 44-14(7) 8 Omit "in writing", substitute "by legislative instrument". 9 53 Paragraph 44-15(1)(b) 10 Omit "14 days", substitute "28 days". 11 54 Subsection 44-16(3) 12 Omit "in writing", substitute "by legislative instrument". 13 55 After subsection 44-19(1) 14 Insert: 15 (1A) A determination made under paragraph (1)(b) is not a legislative 16 instrument. 17 56 Subsections 44-19(2) and (3) 18 Omit "in writing", substitute "by legislative instrument". 19 57 After subsection 44-20(7) 20 Insert: 21 (7A) A determination under subsection (5) or (6) is not a legislative 22 instrument. 23 58 Subsection 44-21(3) (Income tested reduction calculator, 24 step 1) 25 Omit "*ordinary income", substitute "*total assessable income". 26 59 Subsection 44-21(3) (Income tested reduction calculator, 27 step 2) [Page Break] 2 free area". 3 60 Subsection 44-21(3) (Income tested reduction calculator, 4 step 3) 5 Omit "*ordinary income" (first occurring), substitute "*total assessable 6 income". 7 61 Subsection 44-21(3) (Income tested reduction calculator, 8 step 3) 9 Omit "*ordinary income free area", substitute "*total assessable income 10 free area". 11 62 Subsection 44-21(3) (Income tested reduction calculator, 12 step 4) 13 Omit "*ordinary income" (first occurring), substitute "*total assessable 14 income". 15 63 Subsection 44-21(3) (Income tested reduction calculator, 16 step 4) 17 Omit "*ordinary income free area", substitute "*total assessable income 18 free area". 19 64 Subsection 44-21(3) (Income tested reduction calculator, 20 step 4, paragraph (a)) 21 Omit "25%", substitute "5/12". 22 65 Subsection 44-21(3) (Income tested reduction calculator, 23 step 4, paragraph (b)) 24 Omit "worked out by subtracting the care recipient's *standard resident 25 contribution from an amount equal to 3 times the *standard pensioner 26 contribution", substitute "equal to 150% of the *basic age pension 27 amount for that day (worked out on a per day basis)". 28 66 At the end of section 44-22 29 Add: 30 (7) A determination under subsection (2) is not a legislative 31 instrument. [Page Break] 2 Omit "44-24(5)", substitute "44-24(8)". 3 68 Subsection 44-23(1) 4 Omit "*ordinary income", substitute "*total assessable income". 5 69 Subsection 44-23(2) 6 Omit "*ordinary income", substitute "*total assessable income". 7 70 Subsection 44-23(3) 8 Omit "*ordinary income", substitute "*total assessable income". 9 71 Paragraph 44-23(4)(a) 10 Repeal the paragraph, substitute: 11 (a) the amount equal to 150% of the *basic age pension amount 12 for that day (worked out on a per day basis); 13 72 Section 44-24 14 Repeal the section, substitute: 15 44-24 The care recipient's total assessable income 16 (1) If the care recipient is not entitled to an *income support payment, 17 his or her total assessable income is the amount the Secretary 18 determines to be the amount that would be worked out as the care 19 recipient's ordinary income for the purpose of applying Module E 20 of Pension Rate Calculator A at the end of section 1064 of the 21 Social Security Act 1991. 22 Note: Determinations are reviewable under Part 6.1. 23 (2) If the care recipient is entitled to a *service pension, his or her total 24 assessable income is the sum of: 25 (a) the amount of the care recipient's service pension; and 26 (b) the amount the Secretary determines to be the amount that 27 would be worked out as the care recipient's ordinary/adjusted 28 income for the purpose of applying Module E of the Rate 29 Calculator in Schedule 6 to the Veterans' Entitlements Act 30 1986. 31 Note: Determinations are reviewable under Part 6.1. [Page Break] 2 his or her total assessable income is the sum of: 3 (a) the amount of the care recipient's income support 4 supplement; and 5 (b) the amount the Secretary determines to be the amount that 6 would be worked out as the care recipient's ordinary/adjusted 7 income for the purpose of applying Module E of the Rate 8 Calculator in Schedule 6 to the Veterans' Entitlements Act 9 1986. 10 Note: Determinations are reviewable under Part 6.1. 11 (4) If the care recipient is entitled to an *income support payment 12 (other than an *income support supplement or a *service pension), 13 his or her total assessable income is the sum of: 14 (a) the amount of the care recipient's income support payment; 15 and 16 (b) the amount the Secretary determines to be the amount that 17 would be worked out as the care recipient's ordinary income 18 for the purpose of applying Module E of Pension Rate 19 Calculator A at the end of section 1064 of the Social Security 20 Act 1991. 21 Note: Determinations are reviewable under Part 6.1. 22 (5) The Residential Care Subsidy Principles may specify amounts that 23 are to be taken, in relation to specified kinds of care recipients, to 24 be excluded from determinations under subsection (1) or 25 paragraph (2)(b), (3)(b) or (4)(b). 26 (6) For the purpose of making a determination under subsection (1) or 27 paragraph (4)(b) of the amount that would be worked out as the 28 care recipient's ordinary income for the purpose referred to in that 29 subsection or paragraph, the relevant provisions of the Social 30 Security Act 1991 apply as if: 31 (a) paragraph 8(8)(zc) of that Act were omitted; and 32 (b) section 1176 of that Act were omitted; and 33 (c) any other provision of the social security law (within the 34 meaning of the Social Security Act 1991) were omitted: 35 (i) that has the direct or indirect effect of excluding an 36 amount from a person's ordinary income (within the 37 meaning of that Act); and [Page Break] 2 Principles. 3 Note: The effect of this subsection is that certain amounts that would not be 4 included when working out a person's ordinary income under the 5 Social Security Act 1991 will be included for the purposes of working 6 out a care recipient's total assessable income under this section. 7 (7) For the purpose of making a determination under paragraph (2)(b) 8 or (3)(b) of the amount that would be worked out as the care 9 recipient's ordinary/adjusted income for the purpose referred to in 10 the relevant paragraph, the relevant provisions of the Veterans' 11 Entitlements Act 1986 apply as if: 12 (a) section 59X of that Act were omitted; and 13 (b) any other provision of the Veterans' Entitlements Act 1986 14 were omitted: 15 (i) that has the direct or indirect effect of excluding an 16 amount from a person's ordinary/adjusted income 17 (within the meaning of that Act); and 18 (ii) that is specified in the Residential Care Subsidy 19 Principles. 20 Note: The effect of this subsection is that certain amounts that would not be 21 included when working out a person's ordinary/adjusted income under 22 the Veterans' Entitlements Act 1986 will be included for the purposes 23 of working out a care recipient's total assessable income under this 24 section. 25 (8) The Secretary may, by notice in writing, request one or more of the 26 following: 27 (a) the care recipient; 28 (b) a person acting for or on behalf of the care recipient; 29 (c) any other person whom the Secretary believes has 30 information that would assist the Secretary in making the 31 determination; 32 to give, within the period specified in the notice, to the Secretary 33 such information as is specified in the notice for the purposes of 34 making the determination. 35 Note: A person is not obliged to provide the information. 36 (9) A determination under subsection (1) or paragraph (2)(b), (3)(b) or 37 (4)(b) takes effect on the day specified by the Secretary. The day 38 may be earlier than the day on which the determination is made. [Page Break] 2 determination under subsection (1) or paragraph (2)(b), (3)(b) or 3 (4)(b). 4 (11) The notice must include such matters as are specified in the 5 Residential Care Subsidy Principles. 6 (12) A determination made under subsection (1) or paragraph (2)(b), 7 (3)(b) or (4)(b) is not a legislative instrument. 8 Note: The Secretary can delegate functions related to determinations under 9 subsection (1) or paragraph (2)(b), (3)(b) or (4)(b) to the Secretary of 10 the Department administered by the Minister who administers the 11 Social Security Act 1991 and to the *Repatriation Commission--see 12 subsection 96-2(3). 13 73 Section 44-25 14 Repeal the section. 15 74 Section 44-26 16 Repeal the section, substitute: 17 44-26 The care recipient's total assessable income free area 18 The total assessable income free area for the care recipient is the 19 sum of: 20 (a) the amount worked out by applying point 1064-B1 of 21 Pension Rate Calculator A at the end of section 1064 of the 22 Social Security Act 1991; and 23 (b) the amount worked out by applying points 1064-BA1 to 24 1064-BA6 of Pension Rate Calculator A at the end of 25 section 1064 of the Social Security Act 1991; and 26 (c) the amount worked out by applying points 1064-C1 to 27 1064-C8 of Pension Rate Calculator A at the end of 28 section 1064 of the Social Security Act 1991; and 29 (d) the amount worked out by applying points 1064-E4 to 30 1064-E9 of Pension Rate Calculator A at the end of 31 section 1064 of the Social Security Act 1991. 32 75 Subsection 44-28(2) 33 Repeal the subsection, substitute: [Page Break] 2 for a pensioner supplement on a particular day if: 3 (a) the care recipient is a *pre-2008 reform resident; and 4 (b) if the day falls before 20 March 2008--on that particular day 5 any of the following apply to the care recipient: 6 (i) the care recipient was receiving an *income support 7 payment; 8 (ii) the care recipient had a *dependent child; 9 (iii) the care recipient was provided with *respite care; 10 (iv) the care recipient was included in a class of people 11 specified in the Residential Care Subsidy Principles; 12 and 13 (c) if the day falls on or after 20 March 2008--on that particular 14 day any of the following apply to the care recipient: 15 (i) the care recipient was receiving an income support 16 payment; 17 (ii) the care recipient had a dependent child; 18 (iii) the care recipient was included in a class of people 19 specified in the Residential Care Subsidy Principles. 20 76 Subsection 44-28(5) 21 Omit "*ordinary income", substitute "*total assessable income". 22 77 Subsection 44-28(6) 23 Omit "*ordinary income", substitute "*total assessable income". 24 78 Subsections 44-28(7) and (8) 25 Omit "in writing", substitute "by legislative instrument". 26 79 Subsection 44-29(2) 27 After "make a determination", insert "by legislative instrument". 28 80 Paragraph 44-29(5)(b) 29 Omit "14 days", substitute "28 days". 30 81 Paragraph 44-29(8)(a) 31 Omit "in writing", substitute "by legislative instrument". 32 82 Paragraph 44-29(8)(b) [Page Break] 2 83 Subsection 44-29(9) 3 After "different amounts", insert "or methods". 4 84 Paragraph 44-29(9)(e) 5 Omit "in writing", substitute "by legislative instrument". 6 85 Paragraph 44-30(5)(a) 7 Omit "in writing", substitute "by legislative instrument". 8 86 Paragraph 44-30(5)(b) 9 Omit "in writing", substitute "by legislative instrument". 10 87 Subsection 44-30(6) 11 After "(including nil amounts)", insert "or methods". 12 88 Subsection 44-30(6) 13 Omit "in writing", substitute "by legislative instrument". 14 89 At the end of section 44-31 15 Add: 16 (9) A determination under subsection (1) is not a legislative 17 instrument. 18 90 Section 46-4 19 Before "If:", insert "(1)". 20 91 At the end of section 46-4 21 Add: 22 (2) A notice given under subsection (1) is not a legislative instrument. 23 92 After section 47-4 24 Insert: [Page Break] 2 (1) An approved provider may vary the claim made in respect of a 3 *payment period within: 4 (a) 2 years after the end of that payment period; or 5 (b) such longer period as is determined in respect of the claim by 6 the Secretary. 7 (2) In determining a longer period for the purposes of paragraph (1)(b), 8 the Secretary must be satisfied that a variation is required: 9 (a) due to an administrative error made by the Commonwealth or 10 an agent of the Commonwealth; or 11 (b) because the Commonwealth or an agent of the 12 Commonwealth considers that the circumstances of a care 13 recipient are different from those on the basis of which 14 subsidy was claimed. 15 Note: Determinations of periods under paragraph (1)(b) are reviewable 16 under Part 6.1. 17 (3) A determination made under paragraph (1)(b) is not a legislative 18 instrument. 19 93 Paragraph 48-1(3)(a) 20 Omit "in writing", substitute "by legislative instrument". 21 94 Paragraph 48-1(3)(b) 22 Omit "in writing", substitute "by legislative instrument". 23 95 Subsection 48-1(4) 24 After "rates of", insert "or methods for working out". 25 96 Subsection 48-1(4) 26 Omit "in writing", substitute "by legislative instrument". 27 97 Subsection 50-2(2) (note) 28 Omit "small or rural", substitute "small, rural or remote". 29 98 Section 50-4 30 Before "If:", insert "(1)". [Page Break] 2 Add: 3 (2) A notice given under subsection (1) is not a legislative instrument. 4 100 Paragraph 52-1(1)(a) 5 Omit "in writing", substitute "by legislative instrument". 6 101 Paragraph 52-1(1)(b) 7 Omit "in writing", substitute "by legislative instrument". 8 102 Subsection 52-1(2) 9 After "rates of", insert "or methods for working out". 10 103 Subsection 52-1(2) 11 Omit "in writing", substitute "by legislative instrument". 12 104 Paragraph 57-2(1)(aa) (note) 13 Repeal the note, substitute: 14 Note: If a care recipient's assets at the time of the care recipient's *entry to 15 the residential care service or *flexible care service are less than the 16 care recipient's minimum permissible asset value (as defined in 17 subsection 57-12(3)), the care recipient cannot be required to pay an 18 *accommodation bond--see section 57-12. 19 105 Subsection 57-12(4) 20 After "for the purposes of section", insert "44-5B,". 21 106 Paragraph 57A-2(1)(a) (note) 22 Repeal the note, substitute: 23 Note: If a care recipient's assets at the time of the care recipient's *entry to 24 the residential care service are less than the care recipient's minimum 25 permissible asset value (as defined in subsection 57-12(3)), the care 26 recipient cannot be required to pay an *accommodation charge--see 27 section 57A-6. 28 107 Subsection 57A-6(1) 29 After "Subject to subsection (2)", insert "and section 57A-8A". 30 108 Paragraph 57A-6(1)(b) [Page Break] 2 nearest cent)". 3 109 Subparagraph 57A-6(1)(b)(ii) 4 Omit "1,825", substitute "2,080". 5 110 Subsection 57A-6(3) 6 After "for the purposes of section", insert "44-5B,". 7 111 After section 57A-8 8 Insert: 9 57A-8A Maximum amount of accommodation charge if care 10 recipient moves between aged care services 11 If: 12 (a) an *accommodation charge is payable by a care recipient for 13 *entry to an *aged care service (the prior service) that is a 14 residential care service; and 15 (b) the care recipient ceases being provided with residential care 16 through the prior service (other than because the care 17 recipient is on *leave) on or after 20 March 2008; and 18 (c) the care recipient enters another aged care service that is a 19 residential care service within 28 days after the day on which 20 the care recipient ceased being provided with care by the 21 prior service; 22 the maximum daily amount at which the accommodation charge 23 accrues for the entry of the care recipient to the other service is the 24 maximum daily amount of accommodation charge that accrued 25 under section 57A-6 for entry of the care recipient to the prior 26 service. 27 112 Section 58-2 (Resident fee calculator, step 1) 28 Omit "or 58-4", substitute ", 58-4 or 58-4A". 29 113 Subsection 58-3(1) 30 After "for a care recipient", insert "who is a *pre-2008 reform resident 31 and". 32 Note: The heading to section 58-3 is altered by omitting "people" and substituting "pre-2008 33 reform residents". [Page Break] 2 After "for a care recipient", insert "who is a *pre-2008 reform resident 3 and". 4 115 Subsection 58-4(1) 5 After "for a care recipient", insert "who is a *pre-2008 reform resident 6 and". 7 Note: The heading to section 58-4 is altered by omitting "people" and substituting "pre-2008 8 reform residents". 9 116 Subsection 58-4(2) 10 Repeal the subsection, substitute: 11 (2) However, the standard resident contribution for a care recipient 12 who: 13 (a) is receiving an *income support payment; and 14 (b) is a *pre-2008 reform resident; and 15 (c) does not have a *dependent child; 16 is the amount worked out under section 58-3 if: 17 (d) for *entry to the residential care service in question, the care 18 recipient paid an *accommodation bond that exceeded the 19 amount obtained by rounding to the nearest $500.00 20 (rounding $250.00 upwards) an amount equal to 10 times the 21 *basic age pension amount at the time of entry; or 22 (e) the *daily income tested reduction in respect of the care 23 recipient is an amount worked out under section 44-23. 24 117 Subsection 58-4(3) 25 Omit "paragraph (2)(a)", substitute "paragraph (2)(d)". 26 118 After section 58-4 27 Insert: 28 58-4A Standard resident contribution--post-2008 reform residents 29 The standard resident contribution for a care recipient who is a 30 *post-2008 reform resident is the amount obtained by rounding 31 down to the nearest cent an amount equal to 85% of the *basic age 32 pension amount (worked out on a per day basis). [Page Break] 2 Insert: 3 63-1B Responsibility relating to recording entry of new residents 4 (1) The responsibility of an approved provider in relation to the 5 recording of the *entry of a care recipient into a residential care 6 service (other than as a recipient of *respite care) is to comply with 7 subsection (2). 8 (2) An approved provider must, in the form approved by the Secretary 9 and within the period specified in the Accountability Principles, 10 notify the Secretary of each care recipient who *enters a residential 11 care service (other than as a recipient of *respite care) operated by 12 the approved provider on or after 20 March 2008. 13 120 Subsections 68-5(1) and (2) 14 Omit "14 days", substitute "28 days". 15 121 Section 69-1 16 Repeal the section, substitute: 17 69-1 What this Chapter is about 18 The Commonwealth makes grants to contribute to costs associated 19 with the establishment or enhancement of *aged care services, with 20 assessments or approvals related to *aged care or with support 21 services related to the provision of aged care. These grants are: 22 · *residential care grants (see Part 5.1); 23 · *community care grants (see Part 5.2); 24 · *flexible care grants (see Part 5.2A); 25 · *assessment grants (see Part 5.3); 26 · *accreditation grants (see Part 5.4); [Page Break] 2 · *community visitors grants (see Part 5.6); 3 · other grants (see Part 5.7). 4 Grants are (in most cases) payable under agreements with the 5 recipients of the grants, and may be subject to conditions. 6 122 Subsections 71-3(1) and (2) 7 Omit "14 days", substitute "28 days". 8 123 Paragraph 72-1(4)(b) 9 Omit "places" (first occurring), substitute "*places". 10 124 Section 72-2 11 Repeal the section, substitute: 12 72-2 Criteria for allocations 13 The criteria for allocation of a *residential care grant are: 14 (a) a majority of the care recipients who receive, or who will 15 receive, the care to which the grant relates are either or both 16 of the following: 17 (i) *supported residents, *concessional residents or 18 *assisted residents; 19 (ii) *people with special needs or people of a kind specified 20 in the Residential Care Grant Principles; and 21 (b) such other criteria as are specified in the Residential Care 22 Grant Principles. 23 125 Paragraph 72-3(1)(a) 24 Before "*concessional residents", insert "*supported residents,". 25 126 Paragraph 73-2(b) 26 Before "*concessional residents", insert "*supported residents,". 27 127 Paragraph 76-1(1)(b) [Page Break] 2 128 At the end of subsection 76-1(1) 3 Add: 4 ; or (c) such other kinds of projects as are described in the 5 Community Care Grant Principles. 6 129 Paragraph 76-3(2)(b) 7 Omit "14 days", substitute "28 days". 8 130 After Part 5.2 9 Insert: 10 Part 5.2A--Flexible care grants 11 Division 78A--Introduction 12 78A-1 What this Part is about 13 The Commonwealth makes *flexible care grants to contribute 14 towards the costs associated with some projects undertaken by 15 approved providers to establish flexible care services or to enhance 16 their capacity to provide flexible care. 17 Table of Divisions 18 78A Introduction 19 78B How are flexible care grants allocated? 20 78C On what basis are flexible care grants paid? 21 78D How much is a flexible care grant? 22 78A-2 The Flexible Care Grant Principles 23 *Flexible care grants are also dealt with in the Flexible Care Grant 24 Principles. The provisions in this Part indicate when a particular 25 matter is or may be dealt with in these Principles. 26 Note: The Flexible Care Grant Principles are made by the Minister under 27 section 96-1. [Page Break] 2 78B-1 Allocation of flexible care grants 3 (1) The Secretary may allocate *flexible care grants to approved 4 providers in respect of the costs of projects for: 5 (a) establishing new flexible care services; or 6 (b) extending existing flexible care services; or 7 (c) such other kinds of projects as are described in the Flexible 8 Care Grant Principles. 9 (2) The allocation must meet the criteria for allocations (see 10 section 78B-2). 11 (3) A person may apply for an allocation of *flexible care grants (see 12 section 78B-3). 13 Note: An applicant who is not an approved provider must become an 14 approved provider for a flexible care grant to be allocated (see 15 subsection (1)). 16 (4) A *flexible care grant can only be allocated to an approved 17 provider: 18 (a) whose approval under Part 2.1 includes flexible care (see 19 subsection 8-1(2)); and 20 (b) who holds an allocation of *places for *flexible care subsidy 21 under Part 2.2 (whether or not it is a *provisional allocation), 22 being places that are, or are to be, included in the flexible 23 care service in respect of which the grant is payable. 24 78B-2 Criteria for allocations 25 The criteria for allocation of a *flexible care grant are as follows: 26 (a) whether there is a need for the *flexible care service, or 27 proposed flexible care service, to which the grant would 28 relate; 29 (b) whether the grant would assist: 30 (i) people in rural or remote areas; or 31 (ii) Aboriginal and Torres Strait Islander communities; 32 (c) such other criteria as are specified in the Flexible Care Grant 33 Principles. [Page Break] 2 (1) An application for the allocation of a *flexible care grant must be in 3 a form approved by the Secretary. 4 (2) If the Secretary needs further information to determine the 5 application, the Secretary may give to the applicant a notice 6 requesting the further information: 7 (a) within the period specified in the notice; or 8 (b) if no period is specified in the notice--within 28 days after 9 receiving the notice. 10 (3) The application is taken to be withdrawn if the applicant does not 11 give the further information within whichever of those periods 12 applies. 13 Note: The period for giving the further information can be extended--see 14 section 96-7. 15 (4) The notice must contain a statement setting out the effect of 16 subsection (3). 17 78B-4 Notification of allocation 18 (1) The Secretary must notify, in writing, each applicant to whom a 19 *flexible care grant has been allocated. The notice must be given 20 within 14 days after the Secretary's decision under section 78B-1 is 21 made. 22 (2) The notice must specify: 23 (a) the amount of the grant (see Division 78D); and 24 (b) the project to which the grant relates; and 25 (c) when the grant, or the instalments of the grant, will be paid 26 (see Division 78C); and 27 (d) if the grant is to be paid in more than one instalment--the 28 amounts of the instalments or how they will be worked out 29 (see Division 78C); and 30 (e) the conditions on which the grant is payable (see 31 Division 78C). [Page Break] 2 (1) The Secretary must notify, in writing, each applicant to whom a 3 *flexible care grant has not been allocated. The notice must be 4 given within 14 days after the Secretary's decision under 5 section 78B-1 is made. 6 (2) The notice must set out the reasons for the applicant not being 7 allocated a grant. 8 Division 78C--On what basis are flexible care grants paid? 9 78C-1 Basis on which flexible care grants are paid 10 (1) A *flexible care grant is payable to an approved provider: 11 (a) at such time as the Secretary determines in writing; and 12 (b) in full or in such instalments as the Secretary determines in 13 writing. 14 (2) The grant is subject to such conditions (if any) as the Secretary 15 determines in writing (see section 78C-2). 16 (3) The grant is not payable unless the approved provider enters into 17 an agreement with the Commonwealth under which the approved 18 provider agrees to comply with the conditions to which the grant is 19 subject. 20 78C-2 Conditions of flexible care grants 21 The following are examples of matters with which the conditions 22 of a *flexible care grant may deal: 23 (a) the kinds of people who are to be provided with care when 24 the project, in respect of which the grant is payable, is 25 completed; 26 (b) the period within which one or more conditions must be 27 complied with by the approved provider; 28 (c) the period within which the *flexible care service in respect 29 of which the grant is payable is to be operational; 30 (d) the amount of money to be provided by the approved 31 provider for the project; 32 (e) information to be given to the Commonwealth by the 33 approved provider; [Page Break] 2 (i) any responsibilities of the approved provider under 3 Chapter 4; and 4 (ii) conditions imposed in respect of other payments made 5 under this Chapter to the approved provider; 6 (g) the circumstances in which the grant must be repaid. 7 78C-3 Grants payable only if certain conditions met 8 (1) The Secretary may specify which of the conditions of a *flexible 9 care grant must be met before the grant is payable. 10 (2) The grant is not payable unless the approved provider complies 11 with those conditions. 12 (3) However, payment of the grant to the approved provider does not 13 affect the approved provider's obligation to comply with any other 14 conditions to which the grant is subject. 15 78C-4 Variation or revocation of allocations 16 (1) The Secretary may vary or revoke an allocation of a *flexible care 17 grant if the Secretary is satisfied that a condition to which the 18 allocation is subject has not been met. 19 Note: Variations or revocations of allocations are reviewable under Part 6.1. 20 (2) A variation of the allocation may be either or both of the following: 21 (a) a reduction of the amount of the grant; 22 (b) a variation of any of the conditions to which the allocation is 23 subject. 24 (3) Before deciding to vary or revoke the allocation, the Secretary 25 must notify the approved provider that it is being considered. The 26 notice: 27 (a) must be in writing; and 28 (b) must invite the approved provider to make submissions, in 29 writing, to the Secretary within 28 days after receiving the 30 notice; and 31 (c) must inform the approved provider that, if no submissions are 32 made within that period, the variation or revocation takes 33 effect on the day after the last day for making submissions. [Page Break] 2 the Secretary must consider any submissions made within that 3 period. 4 (5) The Secretary must notify, in writing, the approved provider of the 5 decision. 6 (6) The notice must be given to the approved provider within 28 days 7 after the end of the period for making submissions. If the notice is 8 not given within that period, the Secretary is taken to have decided 9 not to vary or revoke the allocation, as the case requires. 10 (7) A variation or revocation has effect: 11 (a) if no submissions were made within the 28 day period--on 12 the day after the last day for making submissions; or 13 (b) if submissions were made within that period--on the day 14 after the approved provider receives a notice under 15 subsection (5). 16 78C-5 Variation of allocations on application of approved provider 17 (1) An approved provider may at any time apply to the Secretary for a 18 variation of an allocation of a *flexible care grant to the approved 19 provider. 20 (2) A variation of the allocation may be either or both of the following: 21 (a) a reduction of the amount of the grant; 22 (b) a variation of any of the conditions to which the allocation is 23 subject. 24 (3) The application must be in the form approved by the Secretary. 25 (4) The Secretary must, within 28 days after receiving the application: 26 (a) make a variation; or 27 (b) reject the application; 28 and, within that period, notify the approved provider accordingly. 29 Note: Variations of allocations and rejections of applications are reviewable 30 under Part 6.1. [Page Break] 2 If the Secretary varies, under section 78C-4 or 78C-5, one or more 3 of the conditions of an allocation, the agreement entered into under 4 subsection 78C-1(3) is taken to be varied accordingly. 5 78C-7 Appropriation 6 Payments by the Commonwealth under this Part are to be made out 7 of money appropriated by the Parliament for the purpose. 8 Division 78D--How much is a flexible care grant? 9 78D-1 The amount of a flexible care grant 10 (1) The amount of a *flexible care grant is the amount specified in, or 11 worked out in accordance with, the Flexible Care Grant Principles. 12 (2) The following are examples of matters with which the Flexible 13 Care Grant Principles may deal in relation to the amounts of 14 *flexible care grants: 15 (a) the circumstances of approved providers to which the grants 16 are payable; 17 (b) the purposes for which the grants are payable; 18 (c) the locations of the *flexible care services to which the grants 19 relate; 20 (d) the kinds of people who will be provided with flexible care 21 through the services; 22 (e) limits on the amounts of the grants. 23 131 Section 85-1 (after table item 39) 24 Insert: 39AA To extend the period within which a section 43-4A variation of a claim for residential care subsidy can be made 39AB To refuse to extend the period within which section 43-4A a variation of a claim for residential care subsidy can be made 25 132 Section 85-1 (table item 46) 26 Repeal the table item, substitute: [Page Break] working out a care recipient's total paragraph 44-24(2)(b), assessable income (3)(b) or (4)(b) 1 133 Section 85-1 (after table item 49) 2 Insert: 49A To extend the period within which a section 47-4A variation of a claim for community care subsidy can be made 49B To refuse to extend the period within which section 47-4A a variation of a claim for community care subsidy can be made 3 134 Section 85-1 (at the end of the table) 4 Add: 62 To vary or revoke an allocation of a flexible subsection 78C-4(1) care grant 63 To vary an allocation of a flexible care grant subsection 78C-5(4) 64 To reject an application to vary an allocation subsection 78C-5(4) of a flexible care grant 5 135 Subsection 85-4(2) 6 Omit "of a care recipient's *ordinary income", substitute "for the 7 purposes of working out a care recipient's *total assessable income". 8 136 Paragraphs 85-4(2)(a) and (b) 9 Omit "Secretary to the Department of Social Security", substitute 10 "Secretary of the Department administered by the Minister who 11 administers the Social Security Act 1991". 12 137 Subsection 85-5(2) 13 Omit "of a care recipient's *ordinary income", substitute "for the 14 purposes of working out a care recipient's *total assessable income". 15 138 Paragraphs 85-5(2)(a) and (b) 16 Omit "Secretary to the Department of Social Security", substitute 17 "Secretary of the Department administered by the Minister who 18 administers the Social Security Act 1991". [Page Break] 2 Omit "to determine a care recipient's *ordinary income", substitute "to 3 make a determination under subsection 44-24(1) or paragraph 4 44-24(2)(b), (3)(b) or (4)(b)". 5 140 Subsection 85-6(1) 6 Omit "of a person's *ordinary income", substitute "for the purposes of 7 working out a person's *total assessable income". 8 141 Paragraph 85-6(3)(a) 9 Omit "as the person's *ordinary income". 10 142 Paragraph 85-6(3)(b) 11 Omit "as the person's ordinary income". 12 143 Paragraph 85-6(4)(a) 13 Omit "as the person's *ordinary income". 14 144 Paragraph 85-7(1)(a) 15 Omit "of a person's *ordinary income", substitute "for the purposes of 16 working out a person's *total assessable income". 17 145 Subsection 85-7(2) 18 Omit "44-24(7)", substitute "44-24(10)". 19 146 Subsections 85-7(3) and (4) 20 Omit "as the person's *ordinary income". 21 147 Paragraph 86-3(cb) 22 Repeal the paragraph, substitute: 23 (cb) to the Secretary of the Department administered by the 24 Minister who administers the Social Security Act 1991; and 25 148 Section 86-7 26 Omit "Department of Social Security", substitute "Department 27 administered by the Minister who administers the Social Security Act 28 1991". 29 149 Section 86-7 [Page Break] 2 administered by the Minister who administers the Veterans' 3 Entitlements Act 1986". 4 Note: The heading to section 86-7 is altered by omitting "Departments of Social Security 5 and Veterans' Affairs" and substituting "certain Departments". 6 150 Subsection 96-1(1) (after table item 14) 7 Insert: 14A Flexible Care Grant Principles Part 5.2A 8 151 Paragraph 96-2(2A)(b) 9 Repeal the paragraph, substitute: 10 (b) the Secretary of the Department administered by the Minister 11 who administers the Veterans' Entitlements Act 1986. 12 152 Paragraph 96-2(3)(a) 13 Repeal the paragraph, substitute: 14 (a) the Secretary of the Department administered by the Minister 15 who administers the Social Security Act 1991; 16 153 Subsection 96-2(3) 17 Omit "of a care recipient's *ordinary income", substitute "for the 18 purposes of working out a care recipient's *total assessable income". 19 154 Subsection 96-2(3) (note) 20 Repeal the note, substitute: 21 Note: The calculation of a care recipient's *total assessable income is 22 relevant to applying the income test under Subdivision 44-E. 23 155 Paragraph 96-2(3A)(b) 24 Repeal the paragraph, substitute: 25 (b) the Secretary of the Department administered by the Minister 26 who administers the Veterans' Entitlements Act 1986; 27 156 Subsection 96-2(6B) 28 Omit "Department administering the Veterans' Entitlements Act 1986", 29 substitute "Department administered by the Minister who administers 30 the Veterans' Entitlements Act 1986". [Page Break] 2 Omit "the Secretary to the Department of Social Security" (wherever 3 occurring), substitute "the Secretary of the Department administered by 4 the Minister who administers the Social Security Act 1991". 5 158 Section 96-12 6 Repeal the section. 7 159 Clause 1 of Schedule 1 8 Insert: 9 flexible care grant means a grant payable under Part 5.2A. 10 160 Clause 1 of Schedule 1 (paragraph (b) of the definition of 11 income support payment) 12 Repeal the paragraph. 13 161 Clause 1 of Schedule 1 (definition of ordinary income) 14 Repeal the definition. 15 162 Clause 1 of Schedule 1 (definition of ordinary income 16 free area) 17 Repeal the definition. 18 163 Clause 1 of Schedule 1 19 Insert: 20 post-2008 reform resident has the meaning given in section 44-5C. 21 164 Clause 1 of Schedule 1 22 Insert: 23 pre-2008 reform resident has the meaning given in section 44-5D. 24 165 Clause 1 of Schedule 1 25 Insert: 26 pre-entry leave has the meaning given in section 44-5E. 27 166 Clause 1 of Schedule 1 (definition of Secretary) [Page Break] 2 Secretary means the Secretary of the Department. 3 167 Clause 1 of Schedule 1 (definition of standard resident 4 contribution) 5 Omit "or 58-4", substitute ", 58-4 or 58-4A". 6 168 Clause 1 of Schedule 1 7 Insert: 8 supported resident has the meaning given in section 44-5B. 9 169 Clause 1 of Schedule 1 10 Insert: 11 total assessable income has the meaning given in section 44-24. 12 170 Clause 1 of Schedule 1 13 Insert: 14 total assessable income free area has the meaning given in 15 section 44-26. [Page Break] 2 Part 2--Application and transitional provisions 3 171 Application of item 10 4 The amendment made by item 10 of this Schedule applies to provisional 5 allocations in respect of which notification under subsection 15-4(3) of 6 the Aged Care Act 1997 is given on or after 20 March 2008. 7 172 Application of item 11 8 The amendment made by item 11 of this Schedule applies to 9 applications for variations of provisional allocations made on or after 10 20 March 2008. 11 173 Application of items 14, 17, 53, 80, 120, 122 and 129 12 The amendments made by items 14, 17, 53, 80, 120, 122 and 129 of this 13 Schedule apply to requests for further information made on or after 14 20 March 2008. 15 174 Application of item 31 16 The amendment made by item 31 of this Schedule applies to resident 17 status determinations made under subsection 44-8AA(1) of the Aged 18 Care Act 1997 on or after 20 March 2008. 19 175 Application of items 58 to 65 and 72 to 74 20 The amendments made by items 58 to 65 and 72 to 74 of this Schedule 21 apply to the calculation of the daily income tested reduction under 22 section 44-21 of the Aged Care Act 1997 for a day that falls on or after 23 20 March 2008. 24 176 Application of items 67 to 70 25 The amendments made by items 67 to 70 of this Schedule apply in 26 relation to requests made for the purposes of determining a matter under 27 section 44-24 of the Aged Care Act 1997 for the purposes of calculating 28 the daily income tested reduction for a day that falls on or after 29 20 March 2008. 30 177 Application of item 71 [Page Break] 2 the calculation of the daily income tested reduction under subsection 3 44-23(4) of the Aged Care Act 1997 for a day that falls on or after 4 20 March 2008. 5 178 Application of item 76 6 The amendment made by item 76 of this Schedule applies in relation to 7 requests made for the purposes of determining a matter under 8 section 44-24 of the Aged Care Act 1997 for the purposes of calculating 9 the daily income tested reduction for a day that falls on or after 10 20 March 2008. 11 179 Application of item 77 12 The amendment made by item 77 of this Schedule applies in relation to 13 elections made for the purposes of determining a matter under 14 section 44-24 of the Aged Care Act 1997 for the purposes of calculating 15 the daily income tested reduction for a day that falls on or after 16 20 March 2008. 17 180 Application of items 108 and 109 18 The amendments made by items 108 and 109 of this Schedule apply in 19 relation to a calculation of the maximum daily amount at which an 20 accommodation charge accrues for a care recipient if: 21 (a) the care recipient enters a residential care service for the first 22 time on or after 20 March 2008; or 23 (b) the care recipient enters a residential care service for the first 24 time before 20 March 2008, but there is a break in residential 25 care (as defined in subsection 44-5D(2) of the Aged Care Act 26 1997, inserted by item 26 of this Schedule) of more than 28 27 days between: 28 (i) the last residential care service through which 29 residential care was provided, or taken to be provided, 30 to the care recipient before 20 March 2008 and the next 31 residential care service through which residential care is 32 provided, or taken to be provided, to the care recipient; 33 and 34 (ii) any residential care service through which residential 35 care is provided, or taken to be provided, to the care 36 recipient on or after 20 March 2008 and the next [Page Break] 2 provided, or taken to be provided, to the care recipient. 3 181 Application of item 124 4 The amendment made by item 124 of this Schedule applies in relation 5 to residential care grants allocated on or after 20 March 2008. 6 182 Application of items 127 and 128 7 The amendments made by items 127 and 128 of this Schedule apply in 8 relation to community care grants allocated on or after 20 March 2008. 9 183 Application of items 132, 135, 137 and 139 to 146 10 The amendments made by items 132, 135, 137 and 139 to 146 of this 11 Schedule apply in relation to decisions in relation to the determination 12 of matters under section 44-24 of the Aged Care Act 1997 for the 13 purposes of calculating the daily income tested reduction for a day that 14 falls on or after 20 March 2008. 15 184 Application of items 153 and 154 16 The amendments made by items 153 and 154 of this Schedule apply in 17 relation to the determination of matters under section 44-24 of the Aged 18 Care Act 1997 for the purposes of calculating the daily income tested 19 reduction for a day that falls on or after 20 March 2008. 20 185 Transitional provision 21 (1) This item applies to claims for subsidy made under section 43-4 before 22 20 March 2008. 23 (2) Section 43-4A (as inserted by item 21 of this Schedule) applies to those 24 claims as if the reference in paragraph 43-4A(1)(a) of the Aged Care 25 Act 1997 to the end of the payment period were a reference to 20 March 26 2008. 27 186 Transitional provision 28 (1) This item applies to claims for subsidy made under section 47-4 before 29 20 March 2008. 30 (2) Section 47-4A of the Aged Care Act 1997 (as inserted by item 93 of this 31 Schedule) applies to those claims as if the reference in paragraph [Page Break] 2 reference to 20 March 2008. [Page Break] 2 Schedule 2--Aged Care (Bond Security) Act 3 2006 4 5 1 At the end of subsection 4(2) 6 Add ", except the Territory of Christmas Island and the Territory of 7 Cocos (Keeling) Islands". [Page Break] 2 Schedule 3--Aged Care (Bond Security) Levy 3 Act 2006 4 5 1 At the end of subsection 3(2) 6 Add ", except the Territory of Christmas Island and the Territory of 7 Cocos (Keeling) Islands".