Commonwealth Consolidated Acts

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10D

(1)

The amount of financial assistance payable to an organisation under this Division in respect of an approved hostel is as set out in the following subsections.

(2)

In respect of each hostel place (other than a respite care place) that is occupied by an existing resident:

(a)

who is assessed as being financially disadvantaged; and

(b)

who is assessed as requiring hostel care services only; and

(c)

for whom the organisation makes hostel care services available;

the financial assistance payable is an amount calculated at the rate of $2.10 per day or such higher rate as is determined by the Minister by written instrument.

(3)

In respect of each hostel place (other than a respite care place) that is occupied by a new resident to whom paragraphs (2)(a), (b) and (c) apply, the financial assistance payable is an amount calculated at such rate as the Minister determines by written instrument.

(4)

In respect of each hostel place (other than a respite care place) that is occupied by an existing resident:

(a)

who is assessed as requiring hostel care services and personal care services; and

(b)

for whom those services are made available by the organisation;

the financial assistance payable is an amount calculated at such rate determined by the Minister under subsection (9) as is applicable to that place because of the resident's classification.

(5)

In respect of each hostel place (other than a respite care place) that is occupied by a new resident:

(a)

who is not a financially disadvantaged person; and

(b)

who is assessed as requiring hostel care services and personal care services; and

(c)

for whom those services are made available by the organisation;

the financial assistance payable is an amount calculated at such rate determined by the Minister under subsection (9) as is applicable to that place because of the resident's classification.

(6)

In respect of each hostel place (other than a respite care place) that is occupied by a new resident:

(a)

who is a financially disadvantaged person; and

(b)

who is assessed as requiring hostel care services and personal care services; and

(c)

for whom those services are made available by the organisation;

the financial assistance payable is an amount calculated at such rate determined by the Minister under subsection (9) as is applicable to that place because of the resident's classification.

(7)

In respect of each respite care place that is occupied by an eligible person for whom the organisation provides hostel care service, the financial assistance payable is an amount calculated at such rate as the Minister determines by written instrument.

(8)

In respect of each respite care place that is occupied by an eligible person who is assessed as requiring, and for whom the organisation provides, hostel care services and personal care services, the financial assistance payable is an amount calculated at such rate as the Minister determines by written instrument.

(9)

The Minister must, for the purposes of subsections (4), (5) and (6), determine in writing a different rate for each subsection, taking into account the different classifications of the eligible persons that may occupy the hostel place referred to in that subsection.

(10)

Without limiting subsections (2) to (9), the Minister may determine a rate for the purposes of those subsections by determining a method of calculating the rate.

(11)

Payments under this Division are to be made in the manner and at the times the Minister determines.

(12)

An eligible person must not be taken into account under subsection (7) or

(8)

in respect of a day in a benefit period if the person has already been taken into account in relation to the same hostel in respect of 63 days in the same benefit period.

(13)

If the Minister, by written instrument, determines that another number, whether higher or lower, be substituted for the number 63, subsection (12) has effect as if that other number were substituted.

(14)

In this section, unless the contrary intention appears: