Subsidy Principles 2014 (Cth)

Subsidy Principles 2014 made under section 96‑1 of the

Aged Care Act 1997

Compilation No. 24

Compilation date: 1 January 2025

Includes amendments: F2024L01623

About this compilation

This compilation

This is a compilation of the Subsidy Principles 2014 that shows the text of the law as amended and in force on 1 January 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents 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 Chapter 2—Residential care subsidy 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? 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 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 Chapter 3—Home care subsidy Part 1A—Meaning of home care 70A Purpose of this Part 70B Care that does not constitute home care Part 1—Who is eligible for home care subsidy? Division 1—Purpose of this Part 71 Purpose of this Part Division 2—Suspension of home care 72 Suspension of home care Part 1B—On what basis is home care subsidy paid? Division 1—Purpose of this Part 72A Purpose of this Part Division 2—Variation of claims for home care subsidy 72B Variation of claims for home care subsidy Part 2—What is the amount of home care subsidy? Division 1—Purpose of this Part 73 Purpose of this Part Division 2—Primary supplements 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 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 Subdivision C—Dementia and cognition supplement 82 Dementia and cognition supplement 83 Eligibility for dementia and cognition supplement Subdivision D—Veterans' supplement 84 Veterans' supplement 85 Eligibility for veterans' supplement Division 3—Reductions in subsidy 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 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 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 Division 4—Other supplements 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 Subdivision B—Viability supplement 98 Viability supplement 99 Eligibility for viability supplement 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 Division 6—Home care accounts 99D Home care credits Chapter 4—Flexible care subsidy Part 1—Who is eligible for flexible care subsidy? Division 1—Purpose of this Part 100 Purpose of this Part 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 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 Part 2—Basis on which flexible care subsidy is paid Division 1—Purpose of this Part 107 Purpose of this Part 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 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 Division 4—Flexible care provided as transition care 111 Flexible care provided as transition care 111AA Meaning of episode of transition care 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 Chapter 5—Application, saving and transitional provisions Part 1—Amendments made by the Aged Care Legislation Amendment (Capping Home Care Charges) Principles 2022 112 Application of amendments Part 2—Amendments made by the Aged Care Legislation Amendment (Redress Payments) Principles 2024 113 Application—redress payments Schedule 1—ACAP codes 1 ACAP codes 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 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history