AGED CARE (TRANSITIONAL PROVISIONS) ACT 1997
Table of Provisions
CHAPTER 1--Introduction
Division 1--Preliminary matters
- 1.1 Short title
- 1.2 Commencement
- 1.2A Act applies to continuing care recipients
- 1.3 Identifying defined terms
- 1.4 Tables of Divisions and Subdivisions do not form part of this Act
Division 2--Objects
- 2.1 The objects of this Act
Division 3--Overview of this Act
- 3.1 General
- 3.2 Preliminary matters relating to subsidies
- 3.3 Subsidies (Chapter 3)
- 3.4 Responsibilities of approved providers
- 3.5 Grants
Division 4--Application of this Act
CHAPTER 3--Subsidies
Division 40--Introduction
- 40.1 What this Chapter is about
PART 3.1----RESIDENTIAL CARE SUBSIDY
Division 41--Introduction
- 41.1 What this Part is about
- 41.2 Residential care subsidy also dealt with in Aged Care (Transitional Provisions) Principles
- 41.3 Meaning of residential care
Division 42--Who is eligible for residential care subsidy?
- 42.1 Eligibility for residential care subsidy
- 42.2 Leave from residential care services
- 42.3 Working out periods of leave
- 42.7 Exceeding the number of places for which there is an allocation
- 42.8 Notice of refusal to pay residential care subsidy
Division 43--How is residential care subsidy paid?
- 43.1 Payment of residential care subsidy
- 43.2 Meaning of payment period
- 43.3 Advances
- 43.4 Claims for residential care subsidy
- 43.4A Variations of claims for residential care subsidy
- 43.5 Deductions for fees
- 43.6 Capital repayment deductions
- 43.9 Recovery of overpayments
Division 44--What is the amount of residential care subsidy?
- 44.1 What this Division is about Subdivision 44-A--Working out the amount of residential care subsidy
- 44.2 Amount of residential care subsidy Subdivision 44-B--The basic subsidy amount
- 44.3 The basic subsidy amount Subdivision 44-C--Primary supplements
- 44.5 Primary supplements
- 44.5A The accommodation supplement
- 44.5B Meaning of supported resident
- 44.5C Meaning of post - 2008 reform resident
- 44.5D Meaning of pre - 2008 reform resident
- 44.5E Meaning of pre - entry leave
- 44.6 The concessional resident supplement
- 44.7 Meaning of concessional resident
- 44.8 Meaning of assisted resident
- 44.8AA Determinations for sections 44 - 7 and 44 - 8
- 44.8AB Determination of value of person's assets
- 44.9 Person taken not to be a supported resident, a concessional resident or an assisted resident if asset information not provided
- 44.10 How to work out the value of a person's assets
- 44.11 Definitions relating to supported residents, concessional residents and assisted residents
- 44.12 The respite supplement
- 44.13 The oxygen supplement
- 44.14 The enteral feeding supplement
- 44.15 Requests for further information
- 44.16 Additional primary supplements Subdivision 44-D--Reductions in subsidy
- 44.17 Reductions in subsidy
- 44.18 The extra service reduction
- 44.20 The compensation payment reduction Subdivision 44-E--The income test
- 44.21 The income test
- 44.22 Daily income tested reduction taken to be zero in some circumstances
- 44.23 Effect on daily income tested reduction of failure to give requested information
- 44.24 The care recipient's total assessable income
- 44.26 The care recipient's total assessable income free area Subdivision 44-F--Other supplements
- 44.27 Other supplements
- 44.28 The pensioner supplement
- 44.30 The hardship supplement
- 44.31 Determining cases of financial hardship
PART 3.2----HOME CARE SUBSIDY
Division 45--Introduction
- 45.1 What this Part is about
- 45.2 Home care subsidy also dealt with in Aged Care (Transitional Provisions) Principles
- 45.3 Meaning of home care
Division 46--Who is eligible for home care subsidy?
- 46.1 Eligibility for home care subsidy
- 46.2 Suspension of home care services
- 46.4 Notice of refusal to pay home care subsidy
Division 47--On what basis is home care subsidy paid?
- 47.1 Payability of home care subsidy
- 47.2 Meaning of payment period
- 47.4 Claims for home care subsidy
- 47.4A Variations of claims for home care subsidy
- 47.5 Recovery of overpayments
Division 48--What is the amount of home care subsidy?
- 48.1 Amount of home care subsidy
PART 3.3----FLEXIBLE CARE SUBSIDY
Division 49--Introduction
- 49.1 What this Part is about
- 49.2 Flexible care subsidy also dealt with in Aged Care (Transitional Provisions) Principles
- 49.3 Meaning of flexible care
Division 50--Who is eligible for flexible care subsidy?
- 50.1 Eligibility for flexible care subsidy
- 50.2 Kinds of care for which flexible care subsidy may be payable
- 50.3 Exceeding the number of places for which there is an allocation
- 50.4 Notice of refusal to pay flexible care subsidy
Division 51--On what basis is flexible care subsidy paid?
- 51.1 Payment of flexible care subsidy
Division 52--What is the amount of flexible care subsidy?
- 52.1 Amounts of flexible care subsidy
CHAPTER 4--Responsibilities of approved providers
PART 4.2----USER RIGHTS
Division 57--What are the responsibilities relating to accommodation bonds?
- 57.1 What this Division is about Subdivision 57-A--The basic rules
- 57.2 Basic rules about accommodation bonds Subdivision 57-C--Accommodation bond agreements
- 57.9 Contents of accommodation bond agreements
- 57.10 Accommodation bond agreements may be incorporated into other agreements
- 57.11 Agreements cannot affect requirements of this Division Subdivision 57-D--Amounts of accommodation bonds
- 57.12 Maximum amount of accommodation bond
- 57.13 Maximum amount of accommodation bond if care recipient moves between aged care services
- 57.14 Accommodation bond in cases of financial hardship
- 57.15 Revocation of determinations of financial hardship Subdivision 57-E--Payment of accommodation bonds
- 57.16 Period for payment of accommodation bond
- 57.17 Payment of an accommodation bond by periodic payments Subdivision 57-F--Rights of approved providers
- 57.18 Approved provider may retain income derived
- 57.19 Amounts to be deducted from accommodation bond balance
- 57.20 Retention amounts
Division 57A--What are the responsibilities relating to accommodation charges?
- 57A.1 What this Division is about Subdivision 57A-A--The basic rules
- 57A.2 Basic rules about accommodation charges Subdivision 57A-B--Accommodation charge agreements
- 57A.3 Contents of accommodation charge agreements
- 57A.4 Accommodation charge agreements may be incorporated into other agreements
- 57A.5 Agreements cannot affect requirements of this Division Subdivision 57A-C--Daily accrual amounts of accommodation charges
- 57A.6 Maximum daily accrual amount of accommodation charge
- 57A.7 Accommodation charge not to accrue after provision of care has ceased
- 57A.8A Maximum amount of accommodation charge if care recipient moves between aged care services
- 57A.9 Accommodation charge in cases of financial hardship
- 57A.10 Revocation of determinations of financial hardship Subdivision 57A-D--Payment of accommodation charges
- 57A.11 Accommodation charge may be payable not more than one month in advance
- 57A.12 Approved provider may charge interest
Division 58--What are the responsibilities relating to resident fees?
- 58.1 Responsibilities relating to resident fees
- 58.2 Maximum daily amount of resident fees
- 58.3 Standard resident contribution
- 58.3A Meaning of pre - September 2009 resident and post - September 2009 resident
- 58.3B Standard resident contribution--protected residents
- 58.3C Standard resident contribution--certain pre - 2008 reform residents
- 58.5 Extra service amount
- 58.6 Maximum daily amount of resident fees for reserving a place
Division 60--What are the responsibilities relating to home care fees?
CHAPTER 6--Administration
Division 84--Introduction
- 84.1 What this Chapter is about
PART 6.1----RECONSIDERATION AND REVIEW OF DECISIONS
Division 85--Reconsideration and review of decisions
- 85.1 Reviewable decisions
- 85.2 Deadlines for making reviewable decisions
- 85.3 Secretary must give reasons for reviewable decisions
- 85.4 Secretary may reconsider reviewable decisions
- 85.5 Reconsideration of reviewable decisions
- 85.8 AAT review of reviewable decisions
CHAPTER 7--Miscellaneous
Division 96--Miscellaneous
- 96.1 Aged Care (Transitional Provisions) Principles
- 96.2 Delegation of Secretary's powers and functions
- 96.4 Care provided on behalf of an approved provider
- 96.5 Care recipients etc. lacking capacity to enter agreements
- 96.6 Applications etc. on behalf of care recipients
- 96.7 Withdrawal of applications
- 96.13 Regulations