Aged Care (Transitional Provisions) Principles 2014 made under section 96‑1 of the Aged Care (Transitional Provisions) Act 1997 Compilation No. 36 Compilation date: 1 January 2025 Includes amendments: F2024L01623 and F2024L01663 About this compilation This compilation This is a compilation of the Aged Care (Transitional Provisions) 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 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 Chapter 2—Residential care subsidy 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 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 Subdivision I—Hotelling supplement 64E Hotelling supplement Subdivision J—Registered nurse supplement 64F Registered nurse supplement 64G Eligibility for registered nurse supplement Subdivision K—Outbreak management support supplement 64H Outbreak management support supplement Chapter 3—Home care subsidy Part 1—Who is eligible for home care subsidy? 65 Purpose of this Part 66 Suspension of home care Part 2—On what basis is home care subsidy paid? 67 Purpose of this Part 67A Variation of claims for home care subsidy Part 3—What is the amount of home care subsidy? 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 Division 2—Basic subsidy amount 67E Basic subsidy amount—general 67F Basic subsidy amount—during suspension period Division 3—Viability supplement 67G Amount of viability supplement Division 4—Dementia and cognition supplement 67H Eligibility for dementia and cognition supplement 67J Amount of dementia and cognition supplement Division 5—Veterans' supplement 67K Eligibility for veterans' supplement 67L Amount of veterans' supplement Division 6—Top‑up supplement 67M Eligibility for top‑up supplement 67N Amount of top‑up supplement amount Chapter 3A—Flexible care subsidy 68A Purpose of this Chapter 68B Application of Chapter 4 of the Subsidy Principles 2014 Chapter 4—Responsibilities of approved providers Part 1—Accommodation bonds Division 1—Basic rules about accommodation bonds 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 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 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 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 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 Division 5—Rights of approved providers 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 Subdivision B—Deduction from accommodation bond balance of interest on amounts owed 94 Purpose of this Subdivision 95 Interest on amounts owed 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 Subdivision D—Restriction on deduction of amounts 99 Purpose of this Subdivision 101 Financial hardship—period to be disregarded 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 Part 2—Accommodation charges 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 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 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 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 Division 5—Interest on accommodation charge 123 Purpose of this Division 124 Rate of interest on outstanding accommodation charge 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 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 Chapter 5—Application, transitional and saving provisions Part 1—Amendments made by the Aged Care Legislation Amendment (Residential Aged Care Funding) Instrument 2022 131 Saving—transitional supplement Part 2—Amendments made by the Aged Care Legislation Amendment (Redress Payments) Principles 2024 132 Application—redress payments 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 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Chapter 1—Preliminary 1 Name of principles These principles are the Aged Care (Transitional Provisions) Principles 2014. 3 Authority These principles are made under section 96‑1 of the Aged Care (Transitional Provisions) Act 1997. 3A Principles apply to continuing care recipients These principles apply only to continuing care recipients. 4 Definitions In these principles: ACAP code has the meaning given by section 4 of the Subsidy Principles 2014. accepted mental health condition means a mental health condition for which: (a) the Repatriation Commission has accepted liability to pay a pension under the Veterans' Entitlements Act; or (b) the Military Rehabilitation and Compensation Commission has accepted liability to pay compensation under the Military Rehabilitation and Compensation Act 2004 or the Safety, Rehabilitation and Compensation Act 1988. accessible location means a location that has an ARIA value of more than 1.84 but no more than 3.51. ACFI classification means a classification, or a renewal of a classification, of a care recipient under Part 2.4 of the Aged Care Act 1997 and: (a) the Classification Principles 1997, as in force on or after the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007; or (b) the Classification Principles 2014. agreed fee, for a care recipient and an approved provider, means a fee, charge or other payment that is: (a) agreed between the care recipient and approved provider; and (b) not prohibited under the Aged Care Act 1997 or the Transitional Provisions Act. ARIA value, in relation to a location, means the value given to that location in accordance with the methodology set out in the document titled Measuring Remoteness: Accessibility/Remoteness Index of Australia (ARIA), Revised Edition, Occasional Papers: New Series Number 14, published by the Health Department in October 2001, as the document existed on 1 August 2013. Note: In 2014, the Measuring Remoteness: Accessibility/Remoteness Index of Australia (ARIA) was accessible at http://www.health.gov.au. Australian accounting standards means the accounting standards in force under section 334 of the Corporations Act 2001. Note: In 2014, the Australian accounting standards were accessible at http://www.aasb.gov.au. bond means: (a) an accommodation bond; or (b) an entry contribution. bond balance means: (a) in relation to a bond that is an accommodation bond—an accommodation bond balance; or (b) in relation to a bond that is an entry contribution—an entry contribution balance. certified, in relation to a residential care service, means certified under Part 2.6 of the Aged Care Act 1997, as in force before 17 October 2014. COVID‑19 support payment period has the same meaning as in the Subsidy Principles 2014. CPI number means the All Groups Consumer Price Index number (that is, the weighted average of the 8 Australian capital cities) published by the Australian Statistician. due date, in relation to an accommodation bond payable by a care recipient to an approved provider, has the meaning given by subsection 57‑18(6) of the Transitional Provisions Act. earlier CPI number, for a financial year, means: (a) the CPI number for the last March quarter before the beginning of the financial year; or (b) if the CPI number for the March quarter of an earlier financial year is higher than the most recent earlier CPI number—the higher CPI number. enteral feeding supplement means the enteral feeding supplement referred to in section 44‑14 of the Transitional Provisions Act. entry day, for a person who is being provided with residential care through a residential care service or a flexible care service, means: (a) the day when the person starts to be provided with care through the service (other than respite care); or (b) if the person is transferred from respite care to permanent accommodation—the day of the transfer. extended aged care at home—dementia has the meaning given by section 15.8 of the Flexible Care Subsidy Principles 1997 as in force immediately before 1 August 2013. financial hardship determination, in relation to a person, means: (a) in Part 1 of Chapter 4—a determination made in relation to the person under subsection 57‑14(1) of the Transitional Provisions Act; and (b) in Part 2 of Chapter 4—a determination made in relation to the person under subsection 57A‑9(1) of the Transitional Provisions Act. Health Department means the Department responsible for the administration of the National Health Act 1953. highly accessible location means a location that has an ARIA value of no more than 1.84. homeowner: see section 5. hostel place means a hostel place within the meaning of the Aged or Disabled Persons Care Act 1954, as in force on 30 September 1997. indexable amount means: (a) the amount X or Y referred to in subsection 97(3); or (b) if that amount has previously been increased under section 97—the amount as most recently increased. interest equivalent, in relation to an accommodation bond balance, means the amount an approved provider could have been expected to have derived from investment of the accommodation bond balance. key personnel has the same meaning as in section 8‑3A of the Aged Care Act 1997. KICA‑Cog has the meaning given by section 4 of the Subsidy Principles 2014. latest CPI number, for a financial year, means the CPI number for the March quarter in the financial year. low‑means care recipient: see section 7. lump sum equivalent, for a care recipient who has elected to pay an accommodation bond wholly or partly by periodic payments, means an amount equal to the amount of the lump sum that the care recipient would have paid if the care recipient had not elected to pay the accommodation bond by periodic payments. maximum permissible interest rate, for a day, means the maximum permissible interest rate for that day worked out in accordance with the calculator in section 8. medical practitioner has the same meaning as in the Health Insurance Act 1973. minimum permissible asset value has the same meaning as in subsection 57‑12(3) of the Transitional Provisions Act. moderately accessible location means a location that has an ARIA value of more than 3.51 but no more than 5.8. multi‑purpose service has the meaning given by section 104 of the Subsidy Principles 2014. net value, of a person's property, means the gross value of the property less any debts, charges and encumbrances on the property. newly built residential care service has the meaning given by section 50 of the Aged Care (Subsidy, Fees and Payments) Determination 2014. non‑registered entity means an entity that: (a) is not a registered entity; and (b) has incurred a liability to pay payroll tax to a registered entity in relation to residential care provided to care recipients through a residential care service. Example: An approved provider will be more likely to be a non‑registered entity if it is operated by a charitable, religious or government provider. NPI‑NH test means the test called the Neuropsychiatric Inventory—Nursing Home Version, as the test exists on 1 August 2013. nurse practitioner has the same meaning as in the Health Insurance Act 1973. nursing home bed means a nursing home bed in a nursing home approved under section 40AA of the National Health Act 1953, as in force on 30 September 1997. oxygen supplement means the oxygen supplement referred to in section 44‑13 of the Transitional Provisions Act. Psychogeriatric Assessment Scales has the meaning given by section 4 of the Subsidy Principles 2014. qualifying facility, for a payment period, has the same meaning as in the Subsidy Principles 2014. RCS classification means a classification, or renewal of a classification, of a care recipient under the Aged Care Act 1997 and the Classification Principles 1997 as in force immediately before the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007. registered entity means an entity that is registered with a revenue office (however described) of a State or Territory for the purposes of paying payroll tax in accordance with the laws of that State or Territory. Example: An approved provider will be more likely to be a registered entity if it is operated on a for profit basis. registered nurse has the same meaning as in the Health Insurance Act 1973. relevant resident means a care recipient to whom residential care as non‑respite care is being provided through a residential care service and who: (a) is not being provided with care on an extra service basis (within the meaning of subsection 36‑1(1) of the Aged Care Act 1997); and (b) enters the service: (i) if the service was certified on 1 October 1997—after 30 September 1997; or (ii) if the service was certified after 1 October 1997—after the date the service is certified; or (iii) on or after 17 October 2014. remote area has the meaning given by subsection 14(1) of the Social Security Act. remote location means a location that has an ARIA value of more than 5.8 but no more than 9.08. Rowland Universal Dementia Assessment Scale has the meaning given by section 4 of the Subsidy Principles 2014. significantly refurbished residential care service has the same meaning as in the Subsidy Principles 2014. single‑rate social security pension means a pension under the Social Security Act that is payable in the circumstances: (a) referred to in column 2 of item 1 in table B in point 1064‑B1 of that Act; or (b) referred to in column 2 of item 1 in table B in point 1065‑B12 of that Act; or (c) to which the rate at point 1066‑B1 of that Act is applicable. Social Security Act means the Social Security Act 1991. suspension period, in relation to the provision of home care, means the period for which the provision of home care is suspended under section 46‑2 of the Transitional Provisions Act. transfer, of a care recipient from respite care to permanent accommodation in an aged care service, means the entry of the care recipient to the aged care service on a permanent basis after having received respite care. Transitional Provisions Act means the Aged Care (Transitional Provisions) Act 1997. transition care has the meaning given by section 106 of the Subsidy Principles 2014. unrealisable asset, of a care recipient, has the meaning given by subsections 11(12) and (13) of the Social Security Act. very remote location means a location that has an ARIA score of more than 9.08 but no more than 12. veteran means a person: (a) who is taken to have rendered eligible war service under section 7 of the Veterans' Entitlements Act; or (b) in respect of whom a pension is payable under subsection 13(6) of that Act; or (c) who is: (i) a member of the Forces within the meaning of subsection 68(1) of that Act; or (ii) a member of a Peacekeeping Force within the meaning of that subsection; or (d) who is: (i) a member within the meaning of the Military Rehabilitation and Compensation Act 2004; or (ii) a former member within the meaning of that Act; or (e) who is an employee within the meaning of the Safety, Rehabilitation and Compensation Act 1988. Note: The Acts referred to in paragraphs (d) and (e) provide that, in some cases: (a) a member of the Forces, or a member of a Peacekeeping Force, includes a person who is no longer serving; and (b) an employee includes a person who has ceased to be an employee. Veterans' Entitlements Act means the Veterans' Entitlements Act 1986. Note: A number of expressions used in these principles are defined in the Transitional Provisions Act, including the following: (a) home care service; (b) flexible care service; (c) residential care service. 5 Meaning of homeowner For the definition of homeowner in subsection 44‑11(1) of the Transitional Provisions Act: (a) a person is not a homeowner for the purposes of paragraph 44‑7(1)(b) of the Transitional Provisions Act if the value of the person's interest in the person's home does not exceed: (i) if a determination covered by subsection 44‑7(1B) of the Transitional Provisions Act for the person specifies a time after 19 September 2009—2.25 times the basic age pension amount at that time; or (ii) if the applicable time under subsection 44‑7(2) of the Transitional Provisions Act for a determination covered by subsection 44‑7(1C) of the Transitional Provisions Act for the person is after 19 September 2009—2.25 times the basic age pension amount at the applicable time; or (iii) in any other case—2.5 times the basic age pension amount at the applicable time under subsection 44‑7(2) of the Transitional Provisions Act; and (b) a person is not a homeowner for the purposes of paragraph 44‑8(1)(b) of the Transitional Provisions Act if the value of the person's interest in the person's home does not exceed: (i) if a determination covered by subsection 44‑8(1B) of the Transitional Provisions Act for the person specifies a time after 19 September 2009—3.61 times the basic age pension at that time; or (ii) if the applicable time under subsection 44‑8(2) of the Transitional Provisions Act for a determination covered by subsection 44‑8(1C) of the Transitional Provisions Act for the person is after 19 September 2009—3.61 times the basic age pension amount at the applicable time; or (iii) in any other case—4 times the basic age pension amount at the applicable time under subsection 44‑8(2) of the Transitional Provisions Act. 7 Meaning of low‑means care recipient A care recipient is a low‑means care recipient on a day if: (a) the care recipient is being provided with residential care through a residential care service on that day; and (b) either: (i) the care recipient is eligible for accommodation supplement under section 44‑28 of the Aged Care Act 1997 for that day; or (ii) on the day (the entry day) on which the care recipient entered the residential care service, the care recipient's means tested amount was less than the maximum accommodation supplement amount for the entry day. Note: Maximum accommodation supplement amount has the meaning given by subsection 44‑21(6) of the Aged Care Act 1997. 8 Meaning of maximum permissible interest rate The maximum permissible interest rate for a day (the relevant day) is worked out as follows: Maximum permissible interest rate calculator Step 1. Work out the general interest charge rate for the relevant day under section 8AAD of the Taxation Administration Act 1953. Step 2. Multiply the rate worked out at step 1 by the number of days in the calendar year in which the relevant day falls. Step 3. Subtract 3 percentage points from the amount worked out at step 2. The result is the maximum permissible interest rate for the relevant day. Chapter 2—Residential care subsidy Part 1—Who is eligible for residential care subsidy? Division 1—Purpose of this Part 9 Purpose of this Part For Division 42 of the Transitional Provisions Act, this Part specifies matters in relation to whether an approved provider of a residential care service is eligible for residential care subsidy for providing residential care to care recipients, including the requirements for when a care recipient is on leave from a residential care service (Division 2). Division 2—Leave from residential care services 10 Care recipient provided with transition care (1) For paragraph 42‑2(3A)(b) of the Transitional Provisions Act, this section specifies requirements that must be met for a care recipient (in respect of whom flexible leave subsidy is payable for a day) to be on leave under section 42‑2 of the Transitional Provisions Act from a residential care service on that day. Note: A care recipient can be taken to be provided with residential care while he or she is on leave from that care (see section 42‑2 of the Transitional Provisions Act). (2) The kind of care provided to the care recipient, for which the flexible care subsidy is payable, must be transition care. Note: Transition care is defined in section 4. Part 2—How is residential care subsidy paid? Division 1—Purpose of this Part 11 Purpose of this Part For Division 43 of the Transitional Provisions Act, this Part specifies matters in relation to the payment of residential care subsidy by the Commonwealth to an approved provider for providing residential care to care recipients, including the following: (a) working out the proportion of the amounts equal to the capital payments that are to be deducted for the purposes of subsection 43‑6(3) of the Transitional Provisions Act; (b) the kinds of payments that are capital payments for the purposes of subsection 43‑6(5) of the Transitional Provisions Act. Division 2—Capital repayment deductions 12 Kinds of payment that are capital payments For paragraph (b) of the definition of capital payment in subsection 43‑6(5) of the Transitional Provisions Act, each of the following kinds of payment is a capital payment: (a) financial assistance by way of a grant under Part II, or Division 3 of Part III, of the Aged or Disabled Persons Care Act 1954, as in force before it was repealed; (b) a grant of a Commonwealth benefit under Part VAB or VAC of the National Health Act 1953; (c) a grant under the Aged or Disabled Persons Hostels Act 1972, as in force before it was repealed; (d) a grant approved on or after 1 July 1989 under the Commonwealth program known as the Residential Aged Care Upgrading Program; (e) capital funding approved on or after 1 July 1989 under the Commonwealth program known as the Small Homes Capital Funding Initiative. Note: A residential care grant is also a capital payment (see paragraph (a) of the definition of capital payment in subsection 43‑6(5) of the Transitional Provisions Act). 13 Working out proportion of amounts to be deducted if distinct part of residential care service has extra service status (1) For subsection 43‑6(3) of the Transitional Provisions Act, this section sets out how the proportion of the amounts equal to the capital payments made in respect of a residential care service (for which extra service status is granted only in respect of a distinct part of the service) is to be worked out. Note: Extra service status is defined in the Dictionary to the Transitional Provisions Act. (2) The proportion is: where: AP (short for allocated places) is the number of places allocated by the Secretary to the approved provider under Part 2.2 of the Aged Care Act 1997, in respect of residential care subsidy, that are included in the residential care service. ESP (short for extra service places) is the number of places included in the distinct part of the residential care service, for which extra service status is granted, that are extra service places. Note: Extra service place is defined in the Dictionary to the Transitional Provisions Act. P (short for proportion) is: (a) for each capital payment for which the first capital repayment deduction is to be made within 5 years after approval of the capital payment—100%; or (b) for each capital payment for which the first capital repayment deduction is to be made more than 5 years after approval of the capital payment—100% reduced by 10% for each complete year over 5 years. (3) For subsection (2): (a) a place can only be counted as an extra service place or an allocated place if the allocation of the place has taken effect under section 15‑1 of the Aged Care Act 1997; and (b) a period of at least 6 months and less than 1 year is to be counted as a complete year. Note: The allocation of a place that is a provisional allocation cannot be counted (see section 15‑1 of the Aged Care Act 1997). Part 3—What is the amount of residential care subsidy? Division 1—Purpose of this Part 17 Purpose of this Part For Division 44 of the Transitional Provisions Act, this Part sets out matters in relation to the amount of residential care subsidy payable to an approved provider of a residential care service in respect of a care recipient who is being provided with residential care through the service, including: (a) other matters on which the Minister may base a determination of different amounts (including nil amounts) of the basic subsidy amount for the care recipient (Division 2); and (b) other matters relating to the following primary supplements (Division 3): (i) the accommodation supplement; (ii) the concessional resident supplement; (iv) the respite supplement; (v) the oxygen supplement; (vi) the enteral feeding supplement; and (c) the following additional primary supplements that may apply to the care recipient (Division 4): (iii) the accommodation charge top‑up supplement; (iv) the transitional accommodation supplement; (v) the 2012 basic daily fee supplement; (d) working out the value of the care recipient's assets (Division 5); and (e) matters relating to the following reductions in subsidy that may apply to the care recipient (Division 6): (i) the compensation payment reduction; (ii) the daily income tested reduction; and (f) matters relating to the income test for the care recipient (Division 7); and (g) other matters relating to the hardship supplement that may apply to the care recipient (Division 8); and (h) the following other supplements that may apply to the care recipient (Division 8): (i) the veterans' supplement; (ii) the homeless supplement; (iii) the COVID‑19 support supplement; (iv) the residential care support supplement; (v) the 2021 basic daily fee supplement; (vi) the initial entry adjustment supplement; (vii) the hotelling supplement; (viii) the registered nurse supplement; (ix) the outbreak management support supplement. Division 3—Primary supplements Subdivision A—Accommodation supplement 19 Determination of accommodation supplement amount—other matters (1) For paragraph 44‑5A(4)(b) of the Transitional Provisions Act, other matters on which the Minister may base a determination of different amounts (including nil amounts) of the accommodation supplement payable for a day for a care recipient who is being provided with residential care (other than respite care or care provided on an extra service basis) through a residential care service are the following: (a) whether the service is: (i) a newly built residential care service; or (ii) a significantly refurbished residential care service; (b) whether the service meets the building requirements specified in Schedule 1; (c) whether or not the residential care percentage (within the meaning of subsection 91(3) of the Aged Care (Transitional Provisions) (Subsidy and Other Measures) Determination 2014) for the service for the payment period in which the day occurs is 40% or more. (3) For paragraph (1)(b), a service is taken not to meet the building requirements specified in Schedule 1 if a building forming part of the service does not meet the building requirements for a building of that kind. Subdivision B—Concessional resident supplement 20 Determination of concessional resident supplement amount—other matters For paragraph 44‑6(5)(d) of the Transitional Provisions Act, other matters on which the Minister may base a determination of different amounts (including nil amounts) of the concessional resident supplement payable for a day for a care recipient who is being provided with residential care (other than respite care) through a residential care service are the following: (a) whether the service is: (i) a newly built residential care service; or (ii) a significantly refurbished residential care service; (b) if the care recipient entered the service before 17 October 2014—whether the service was certified at the time the care recipient entered the service; (c) whether or not the residential care percentage (within the meaning of subsection 91(3) of the Aged Care (Transitional Provisions) (Subsidy and Other Measures) Determination 2014) for the service for the payment period in which the day occurs is 40% or more. Subdivision D—Respite supplement 24 Eligibility for respite supplement—requirements For subparagraph 44‑12(2)(a)(ii) of the Transitional Provisions Act, a requirement for a care recipient who is being provided with residential care through a residential care service to be eligible for the respite supplement on a day is that the care recipient is approved under Part 2.3 of the Aged Care Act 1997 as a recipient of residential care provided as respite care. Note: For the approval of care recipients, see also the Approval of Care Recipients Principles 2014. 25 Maximum number of days of respite care (1) For paragraph 44‑12(2)(c) of the Transitional Provisions Act, the number of days is: (a) 63; or (b) if the Secretary has increased the number of days under subsection (2)—the number of days as so increased (or as most recently increased). (2) The Secretary may increase the number of days on which a care recipient can be provided with residential care as respite care during a financial year by up to 21 if the Secretary considers that an increase in the number of days is necessary because of any of the following: (a) carer stress; (b) severity of the care recipient's condition; (c) absence of the care recipient's carer; (d) any other relevant matter. (3) An increase under subsection (2) may be made more than once in a financial year. 26 Determination of respite supplement amount—other matters For paragraph 44‑12(4)(f) of the Transitional Provisions Act, other matters on which the Minister may base a determination of different amounts (including nil amounts) of the respite supplement for a care recipient who is being provided with residential care through a residential care service are the following: (a) whether the service provides a greater or lesser proportion of care to recipients of respite care than that (if any) specified in the conditions attached to the allocation of places to the approved provider of the service; (b) the time when the care recipient entered the service. Subdivision E—Oxygen supplement 27 Circumstances relating to provision of oxygen For paragraph 44‑13(1)(c) of the Transitional Provisions Act, the circumstances for the provision of oxygen to a care recipient provided with residential care through a residential care service are as follows: (a) the materials and equipment used by the residential care service to provide the oxygen must be hired, temporarily obtained or owned by the residential care service; (b) the oxygen must not be provided: (i) because of a medical emergency; or (ii) on a short‑term or episodic basis; (c) a medical practitioner or a nurse practitioner must have certified, in writing, that the care recipient has a continual need for the provision of oxygen; (d) the oxygen must be provided in the most economical way available, taking into account the medical needs of the care recipient. Subdivision F—Enteral feeding supplement 28 Circumstances relating to provision of enteral feeding For paragraph 44‑14(1)(c) of the Transitional Provisions Act, the circumstances for the provision of enteral feeding to a care recipient provided with residential care through a residential care service are as follows: (a) a medical practitioner must have certified, in writing, that the care recipient has a medical need for enteral feeding; (b) the care recipient must have been given a liquid dietary formula (not including food supplements or any supplementary feeding connected with the administration of the dietary formula) administered by a nasogastric, gastrostomy or jejeunostomy feeding method; (c) a medical practitioner or dietician must have certified, in writing, that the dietary formula is a nutritionally complete formula; (d) the enteral feeding must not be intermittent or supplementary enteral feeding given in addition to oral feeding; (e) the enteral feeding must be provided in the most economical way available, taking into account the medical needs of the care recipient. Division 4—Additional primary supplements 29 Purpose of this Division For subsections 44‑16(1) and (2) of the Transitional Provisions Act, this Division provides for additional primary supplements and specifies, for each supplement, the circumstances in which the supplement will apply to a care recipient in respect of a payment period. Subdivision C—Accommodation charge top‑up supplement 34 Accommodation charge top‑up supplement The accommodation charge top‑up supplement for a care recipient in respect of a payment period is the sum of all the accommodation charge top‑up supplements for the days during the period on which: (a) the care recipient was provided with residential care through the residential care service in question; and (b) the care recipient was eligible for an accommodation charge top‑up supplement. 35 Eligibility for accommodation charge top‑up supplement A care recipient is eligible for an accommodation charge top‑up supplement on a day if: (a) on that day, the care recipient: (i) is a post‑2008 reform resident; and (ii) receives an income support payment; and (c) the care recipient was eligible to pay an accommodation charge on entry to the residential care service; and (d) the accommodation charge the care recipient was eligible to pay was less than the accommodation charge the care recipient would have been eligible to pay had the care recipient not been receiving an income support payment. Subdivision D—Transitional accommodation supplement 36 Transitional accommodation supplement The transitional accommodation supplement for a care recipient in respect of a payment period is the sum of all the transitional accommodation supplements for the days during the period on which: (a) the care recipient was provided with residential care through the residential care service in question; and (b) the care recipient was eligible for a transitional accommodation supplement. 37 Eligibility for transitional accommodation supplement (1) A care recipient is eligible for a transitional accommodation supplement on a day if: (a) on that day, the care recipient is a post‑2008 reform resident; and (b) the care recipient entered a residential care service after 19 March 2008 and before 20 September 2011; and (c) the care recipient is eligible to pay an accommodation bond. (2) For paragraph (1)(b), a care recipient who first entered a residential care service before 20 September 2011 (the relevant date), is not taken to have entered a residential care service after the relevant date only because the person moved from one residential care service to another residential care service within 28 days after the relevant date. Subdivision E—2012 basic daily fee supplement 38 2012 basic daily fee supplement The 2012 basic daily fee supplement for a care recipient in respect of a payment period is the sum of all the 2012 basic daily fee supplements for the days during the period on which: (a) the care recipient was provided with residential care through the residential care service in question; and (b) the care recipient was eligible for a 2012 basic daily fee supplement. 39 Eligibility for 2012 basic daily fee supplement A care recipient is eligible for a 2012 basic daily fee supplement on a day if: (a) on that day, the residential care provided through the residential care service to the care recipient was not respite care; and (b) on 1 July 2012, the care recipient was not receiving either of the following clean energy qualifying payments referred to in subsection 914(4) of the Social Security Act: (i) an age pension; (ii) a seniors supplement; and (c) on 1 July 2012, the care recipient was not receiving either of the following clean energy underlying payments referred to in subsection 5Q(1) of the Veterans' Entitlements Act: (i) a service pension; (ii) a seniors supplement; and (d) on 1 July 2012, the care recipient was not the holder of a seniors health card; and (e) the approved provider of the residential care service has, in respect of the provision of residential care to the care recipient, received subsidy: (i) under Chapter 3 of the Aged Care Act 1997 on each day during the period beginning on 1 July 2012 and ending on 30 June 2014; and (ii) under Chapter 3 of the Transitional Provisions Act on 1 July 2014 and on each day since that date; and (f) the approved provider charges the care recipient no more than the maximum daily amount of resident fees permitted under Division 58 of the Transitional Provisions Act less an amount obtained by rounding down to the nearest cent an amount equal to 1% of the basic age pension amount (worked out on a daily basis). Division 5—Value of assets 43 Supported residents—time for assessing assets (1) For paragraph 44‑5B(1)(c) of the Transitional Provisions Act, the other time at which the value of the person's assets is to be determined by the Secretary is the following: (a) the first time after 19 March 2008 that the person entered a residential care service without having had a break in residential care of more than 28 days; (b) if the person entered another residential care service and a determination of the person's assets, made under section 44‑8AB of the Transitional Provisions Act because of that entry, is less than the valuation of the person's assets at the time referred to in paragraph (a)—the time referred to in the determination. (2) For paragraph (1)(a), break in residential care has the same meaning as in subsection 44‑5D(2) of the Transitional Provisions Act. 44 Working out the value of assets (1) For the purposes of subsection 44‑10(1) of the Transitional Provisions Act, and subject to subsections 44‑10(2), (3) and (4) of the Transitional Provisions Act, the value of a person's assets is the net value of the person's property (including property outside Australia) reduced by the following: (a) any compensation payments received by the person under the following: (i) the Compensation (Japanese Internment) Act 2001; (ii) the Veterans' Entitlements (Compensation—Japanese Internment) Regulations 2001; (iii) Part 2 of the Veterans' Entitlements (Clarke Review) Act 2004; (iv) Schedule 5 to the Social Security and Veterans' Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007; (b) any redress payment paid to the person, or to an administrator for the person, under section 48 of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. Note: Net value is defined in section 4. (2) For subsection (1), a person's property includes the following: (a) accounts, including interest‑free accounts, with banks, building societies and credit unions; (b) interest‑bearing deposits; (c) fixed deposits; (d) bonds; (e) debentures; (f) shares; (g) investments in property trusts, friendly societies, equity trusts, mortgage trusts and bond trusts; (h) superannuation assets from which lump sum amounts can be withdrawn; (i) real estate; (j) businesses; (k) farms; (l) loans, including interest‑free loans; (m) motor vehicles, boats and caravans; (n) the surrender value of life insurance policies; (o) investment collections, including investment collections of coins or stamps; (p) household contents and personal effects. (3) For paragraph (2)(p), if there is no evidence of the value of a person's household contents and personal effects, the value is taken to be $5 000. 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 (1) For subsections 44‑20(5) and (6) of the Transitional Provisions Act, in making a determination in respect of a judgment or settlement entitling a care recipient to compensation, the Secretary must take into account the following matters: (a) the amount of the judgment or settlement; (b) for a judgment—the components stated in the judgment and the amount stated for each component; (c) the proportion of liability apportioned to the care recipient; (d) the amounts spent on residential care at the time of the judgment or settlement. Note: For paragraph (1)(b), examples of the components of a judgment include the following: (a) loss of income; (b) costs of future care. (2) The Secretary may also take into account any other matters the Secretary considers relevant, including the following: (a) the amounts that are likely to be paid to, or withheld by, other government agencies because of the judgment or settlement; (b) the amounts spent on care (other than residential care) at the time of the judgment or settlement; (c) the likely cost of residential care for the care recipient; (d) other costs of care for which the care recipient is likely to be liable; (e) the amount of the accommodation bond paid or payable by the care recipient; (f) other reasonable amounts (not related to care) that the care recipient: (i) had spent at the time of the judgment or settlement; or (ii) is likely to be liable for. 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 (1) For paragraph 44‑22(1)(c) of the Transitional Provisions Act, the classes of people for whom the daily income tested reduction is taken to be zero are the following: (a) care recipients who leave a residential care service (without entering another residential care service), or who die, before the approved provider of the service has been informed of the care recipient's daily income tested reduction (if any); (b) care recipients who are not, within 6 months of entry to a residential care service, informed of the care recipient's daily income tested reduction (if any); (c) care recipients who have one or more dependent children; (d) care recipients who are described in paragraph 85(4)(b) of the Veterans' Entitlements Act 1986 (which describes former prisoners of war); (e) care recipients who: (i) are provided with residential care at any time after 30 September 1997 and before 1 March 1998; or (ii) are, before 1 March 1998, on leave, as described in subsection 42‑3(3) of the Transitional Provisions Act; (f) care recipients for whom the daily income tested reduction is worked out as less than $1. (2) If a care recipient is included in the class of persons referred to in paragraph (1)(b), the care recipient is included in that class from the day the care recipient enters the residential care service until the day the care recipient is informed of the care recipient's daily income tested reduction. (3) This section does not apply to a care recipient at a time when the care recipient is being provided with respite care. 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 (1) For subsection 44‑22(4) of the Transitional Provisions Act, in deciding whether to determine that the daily income tested reduction in respect of a care recipient is to be taken to be zero, the Secretary must have regard to the following matters: (a) the care recipient's income; (b) the care recipient's financial arrangements; (c) the care recipient's entitlement to income support: (i) under the Social Security Act; or (ii) under the Veterans' Entitlements Act; or (iii) from any other source; (d) whether the care recipient has taken steps to obtain information about his or her entitlement to pension, benefit or other income support payments; (e) whether the care recipient has access to financial assistance: (i) under section 1129 of the Social Security Act (relating to access to financial hardship rules for pensions); or (ii) under the pension loans scheme under Division 4 of Part 3.12 of the Social Security Act; or (iii) from any other source; (f) whether any income of the care recipient is income that the care recipient does not reasonably have access to; (g) whether there is a charge on the care recipient's income over which the payment of resident fees cannot practically take precedence; (h) whether the care recipient has significant assets; (i) if the care recipient has significant assets—whether any assets of the care recipient are unrealisable assets; (j) whether the care recipient is in Australia on a temporary basis. Note: Unrealisable asset is defined in section 4. (2) The Secretary may have regard to any other matters the Secretary considers relevant. (3) To enable the Secretary to have regard to the matters referred to in paragraph (1)(c) or (d), the Secretary may: (a) require the care recipient to seek information from the relevant Department about his or her entitlement to a benefit, income support payment or other assistance, and give the Secretary copies of written replies from the Department; or (b) advise the care recipient to seek advice about his or her financial arrangements from the Financial Information Service established by Centrelink. Subdivision B—Daily income test reduction—amounts excluded from total assessable income 48 Amounts excluded from care recipient's total assessable income For subsection 44‑24(5) of the Transitional Provisions Act, the amounts (in this Subdivision called excluded amounts) that are to be taken, in relation to the kinds of care recipients specified in sections 49 to 54, to be excluded from determinations by the Secretary under subsection 44‑24(1) or paragraph 44‑24(2)(b), (3)(b) or (4)(b) of the Transitional Provisions Act are the following: (a) disability pensions and permanent impairment compensation payments referred to in section 49; (b) gifts referred to in section 50; (c) rent receipts referred to in section 51; (d) GST compensation referred to in section 52; (e) amounts referred to in section 53; (f) clean energy payments referred to in section 54. 49 Excluded amounts—disability pensions and permanent impairment compensation payments (1) For a person who has qualifying service under section 7A of the Veterans' Entitlements Act, or the partner of such a person, the amount (if any) of disability pension (within the meaning of subsection 5Q(1) of the Veterans' Entitlements Act) paid to the person that is exempt under section 5H of that Act is an excluded amount. (2) For a person who is a member or former member (within the meaning of the Military Rehabilitation and Compensation Act 2004) or the partner of such a person, each of the following is an excluded amount: (a) any amount of compensation for permanent impairment paid to the person under Part 2 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004; (b) any amount of Special Rate Disability Pension paid to the person under Part 6 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004. 50 Excluded amounts—gifts (1) For a person who, on or before 20 August 1996, disposed of ordinary income, the amount of ordinary income disposed of on or before 20 August 1996 that is included in the person's ordinary income under: (a) sections 1106, 1107, 1108 and 1109 of the Social Security Act; or (b) sections 48, 48A, 48B and 48C of the Veterans' Entitlements Act; is an excluded amount. Note: Sections 1106, 1107, 1108 and 1109 of the Social Security Act, and sections 48, 48A, 48B and 48C of the Veterans' Entitlements Act, deal with disposal of ordinary income. (2) For a person who, on or before 20 August 1996, disposed of assets, the amount of ordinary income the person is taken to receive because assets disposed of on or before 20 August 1996 are assessed as financial assets under: (a) section 1076, 1077 or 1078 of the Social Security Act; or (b) sections 46D and 46E of the Veterans' Entitlements Act; is an excluded amount. Note: Section 1076, 1077 or 1078 of the Social Security Act, and sections 46D and 46E of the Veterans' Entitlements Act, deal with deemed income on financial assets. 51 Excluded amounts—rent receipts (1) For a care recipient for whom an accommodation charge is payable, the amount of any income received by the care recipient, or the care recipient's partner, from rental of the care recipient's principal home to another person is an excluded amount. (2) In this section: accommodation charge means an amount of money that accrues daily and is paid or payable by the care recipient for the care recipient's entry to a residential care service through which care is, or is to be, provided by the approved provider of the service. Note 1: Paragraph 8(8)(zn) of the Social Security Act and paragraph 5H(8)(nc) of the Veterans' Entitlements Act describe how, for the purposes of each Act, income is defined for a person who is accruing a liability to pay an accommodation charge. Note 2: Subsection 5L(6A) of the Veterans' Entitlements Act describes how, for the purposes of that Act, assets are defined for a person who is accruing a liability to pay an accommodation charge. Note 3: Clause 17A of Schedule 5 to the Veterans' Entitlements Act describes how, for the purposes of that Act, income is defined in relation to a person who first became a charge exempt resident before the commencement of Schedules 1, 2 and 3 to the Aged Care Amendment (Omnibus) Act 1999. 52 Excluded amounts—GST compensation (1) This section applies in relation to: (a) a person receiving a pension under Part II or IV of the Veterans' Entitlements Act at a rate determined under or by reference to the following provisions of that Act: (i) for a person receiving a disability pension payable at the general rate—section 22; (ii) for a person receiving a disability pension payable at the general rate including an increased rate for a war‑caused injury or disease—sections 22 and 27; (iii) for a person receiving a disability pension payable at the intermediate rate—section 23; (iv) for a person receiving a disability pension payable at the intermediate rate including an increased rate for a war‑caused injury or disease—sections 23 and 27; (v) for a person receiving a disability pension payable at the special rate—section 24; (vi) for a person receiving a war widow or widower pension—subsection 30(1); and (b) a person receiving a pension under Part 6 of Chapter 4, or a weekly amount of compensation under Part 2 of Chapter 5, of the Military Rehabilitation and Compensation Act 2004 at a rate determined under or by reference to the following provisions of that Act: (i) for a person receiving a Special Rate Disability Pension—sections 198 and 204; (ii) for a person receiving a weekly amount of compensation for the death of the person's partner—subsection 234(5). (2) The amount that is equal to 4% of the amount of pension, or the weekly amount of compensation, payable to a person under a provision referred to in subsection (1), as applicable from time to time, is an excluded amount. Note 1: Part II of the Veterans' Entitlements Act deals with pensions, other than service pensions, payable to veterans and their dependants. Note 2: Part IV of the Veterans' Entitlements Act deals with pensions payable to members of the Defence Forces or a Peacekeeping Force and their dependants. Note 3: Part 6 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004 gives former members who are entitled to compensation for incapacity for work a choice to receive a Special Rate Disability Pension instead of compensation. Note 4: Part 2 of Chapter 5 of the Military Rehabilitation and Compensation Act 2004 gives wholly dependent partners of deceased members an entitlement to compensation in respect of the death of the members. The compensation may be taken as a lump sum or as a weekly amount. 53 Excluded amounts—pre‑2008 reform residents (1) This section applies in relation to a pre‑2008 reform resident (the person). (2) If the person is entitled to a pension worked out under Module A of the Pension Rate Calculator B at the end of section 1065 of the Social Security Act, or Module A of the Rate Calculator in Part 2 of Schedule 6 to the Veterans' Entitlements Act, and the amount worked out in accordance with the following formula is an excluded amount: (3) If the person is entitled to a pension worked out under Module A of the Pension Rate Calculator B at the end of section 1065 of the Social Security Act, or Module A of the Rate Calculator in Part 2 of Schedule 6 to the Veterans' Entitlements Act, and the amount worked out in accordance with the following formula is an excluded amount: (4) If neither subsection (2) nor subsection (3) applies to the person and: the amount worked out in accordance with the following formula is an excluded amount: (5) If neither subsection (2) nor subsection (3) applies to the person and: the amount worked out in accordance with the following formula is an excluded amount: (6) In this section: BP (the maximum basic pension) means the amount worked out by applying point 1064‑B1 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act. I means total assessable income. P (the maximum pension) means the sum of: (a) the amount worked out by applying point 1064‑B1 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act; and (b) the amount worked out by applying point 1064‑BA4 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act. T (the social security income test free threshold) means the amount worked out by applying point 1064‑E4 of Pension Rate Calculator A at the end of section 1064 of the Social Security Act. 54 Excluded amounts—clean energy payments For a care recipient who is being provided with residential care through a residential care service, each of the following is an excluded amount: (a) any amount of clean energy advance, clean energy supplement or quarterly clean energy supplement paid to the care recipient under the Social Security Act; (b) any amount of clean energy advance, clean energy supplement or quarterly clean energy supplement paid to the care recipient under the Veterans' Entitlements Act. Division 8—Other supplements Subdivision B—Hardship supplement 56 Eligibility for hardship supplement—classes of care recipients (1) For paragraph 44‑30(2)(a) of the Transitional Provisions Act, the classes of care recipients for whom paying the maximum daily amount of resident fees (worked out under section 58‑2 of the Transitional Provisions Act) would cause financial hardship are the following: (a) care recipients who: (i) are pre‑2008 reform residents; and (ii) entered an aged care service after 30 September 1997; and (iii) do not receive an income support payment; and (iv) have an ordinary fortnightly income on a day that is more than the ordinary fortnightly income that, if received by the care recipient, has the effect that he or she is not entitled to an income support payment, and is less than $1 774.42; (b) care recipients who: (i) on 30 September 1997, occupied an approved place in an aged care service and received an income support payment; and (ii) on 1 October 1997—did not receive an income support payment; (c) care recipients who: (i) on 30 September 1997, occupied a place in a hostel approved under the Aged or Disabled Persons Care Act 1954, as in force at that date; and (ii) have not entered an aged care service that was approved, before 1 October 1997, as a nursing home under the National Health Act 1953. (2) For paragraph (1)(a), a care recipient's ordinary fortnightly income on a day is the amount that would be his or her ordinary income on that day according to the ordinary income test in Pension Rate Calculator A in section 1064 of the Social Security Act. 57 Eligibility for hardship supplement—determination by Secretary (1) For subsection 44‑31(2) of the Transitional Provisions Act, this section sets out the matters the Secretary must have regard to in deciding whether to determine that a care recipient is eligible for a hardship supplement. (2) The Secretary must not determine that a care recipient is eligible for a hardship supplement if: (a) the care recipient's means have not been assessed in accordance with the Aged Care Act 1997; or (b) the value of the care recipient's assets (worked out under section 44‑26A of the Aged Care Act 1997 and section 47 of the Subsidy Principles 2014) is more than 1.5 times the sum of the annual amount of the following (worked out under the Social Security Act): (i) the basic age pension amount; (ii) the pension supplement amount; (iii) the clean energy supplement amount; or (c) the care recipient has gifted: (i) more than $10 000 in the previous 12 months; or (ii) more than $30 000 in the previous 5 years. Note: Basic age pension amount is defined in clause 1 of Schedule 1 to the Aged Care Act 1997. (3) For paragraph (2)(b), in determining the value of the care recipient's assets for this section, unrealisable assets are not to be included. Note: Unrealisable asset is defined in section 4. (4) In deciding whether to determine that a care recipient is eligible for a hardship supplement, the Secretary may have regard to the following matters: (a) the care recipient's total assessable income (worked out under section 44‑24 of the Aged Care Act 1997 and section 41 of the Subsidy Principles 2014); (b) whether the amount of income available to the care recipient after expenditure on essential expenses is less than 15% of the basic age pension amount; (c) the financial arrangements of the care recipient; (d) the care recipient's entitlement to income support: (i) under the Social Security Act; or (ii) under the Veterans' Entitlements Act; or (iii) from any other source; (e) whether the care recipient has taken steps to obtain information about his or her entitlement to a pension, benefit or other income support payments; (f) whether the care recipient has access to financial assistance: (i) under section 1129 of the Social Security Act (relating to access to financial hardship rules for pensions); or (ii) under the pension loans scheme under Division 4 of Part 3.12 of the Social Security Act; or (iii) from any other source; (g) whether any income of the care recipient is income that he or she does not reasonably have access to; (h) whether there is a charge on the care recipient's income over which the payment of resident fees cannot practically take precedence; (i) whether the care recipient is in Australia on a temporary basis; (j) any other matters the Secretary considers relevant. Note: Unrealisable asset is defined in section 4. (5) For paragraph (4)(b), essential expenses, has the same meaning as in section 61 of the Subsidy Principles 2014. 58 Circumstances in which Secretary may revoke financial hardship determination For subsection 44‑31(1) of the Transitional Provisions Act, the Secretary may revoke a determination that a care recipient is eligible for a hardship supplement if: (a) the circumstances of the care recipient have changed; and (b) the Secretary is satisfied that paying the maximum daily amount of resident fees worked out under section 58‑2 of the Transitional Provisions Act would not cause the care recipient financial hardship. Example: For paragraph (a), a person's circumstances may change if assets of the person that were unrealisable assets are no longer assets of that kind. Subdivision C—Veterans' supplement 59 Veterans' supplement For paragraph 44‑27(1)(e) of the Transitional Provisions Act, the veterans' supplement for a care recipient in respect of a payment period is the sum of all the veterans' supplements for the days during the period on which: (a) the care recipient was provided with residential care (other than respite care) through the residential care service in question; and (b) the care recipient was eligible for veterans' supplement. 60 Eligibility for veterans' supplement A care recipient is eligible for a veterans' supplement on a particular day if: (a) on that day, the care recipient is a veteran with an accepted mental health condition; and (b) the care recipient has before, on or after that day, authorised either, or both, of the following to disclose to the approved provider that the care recipient is a veteran with an accepted mental health condition: (i) the Secretary of the Department administered by the Minister administering the Veterans' Entitlements Act; (ii) the Secretary of the Department administered by the Minister administering the Human Services (Centrelink) Act 1997. Note: Accepted mental health condition and veteran are defined in section 4. Subdivision D—Homeless supplement for payment periods beginning before 1 October 2022 62 Homeless supplement For paragraph 44‑27(1)(e) of the Transitional Provisions Act, the homeless supplement for a care recipient in respect of a payment period beginning before 1 October 2022 is the sum of all the homeless supplements for the days during the period on which: (a) the care recipient was provided with residential care through the residential care service in question; and (b) the service met the requirements for eligibility under section 63. 63 Eligibility for homeless supplement A residential care service meets the requirements for eligibility for a homeless supplement on a particular day if: (a) on that day, more than 50% of care recipients provided with residential care (other than respite care) through the service have been appraised using appraisal tool A in subclause 2(1) of Schedule 2 of the Subsidy Principles 2014 as demonstrating complex behavioural needs and social disadvantage associated with their background as a homeless person; and (b) either: (i) the allocation of places to the approved provider in respect of the service is made (under section 14‑5 of the Aged Care Act 1997) subject to conditions relating to care of people with a background as homeless persons; or (ii) the approved provider or its key personnel have demonstrated experience in providing, or the capacity to provide, specialist services for such persons, including programs and interventions to manage complex behavioural needs, or programs to promote social engagement and participation. Subdivision E—COVID‑19 support supplement (for COVID‑19 support payment periods) 64 COVID‑19 support supplement For the purposes of paragraph 44‑27(1)(e) of the Transitional Provisions Act, the COVID‑19 support supplement for a care recipient in respect of a COVID 19 support payment period is the sum of all the COVID‑19 support supplements for the days during the period on which the care recipient was provided with residential care through the residential care service in question. Subdivision F—Residential care support supplement (for February 2021 payment period) 64A Residential care support supplement (for February 2021 payment period) For the purposes of paragraph 44‑27(1)(e) of the Transitional Provisions Act, the residential care support supplement for a care recipient in respect of the payment period beginning on 1 February 2021 is the sum of all the residential care support supplements for the days during the period on which the care recipient was provided with residential care through the residential care service in question. 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) For the purposes of paragraph 44‑27(1)(e) of the Transitional Provisions Act, the 2021 basic daily fee supplement for a care recipient in respect of a payment period beginning on or after 1 July 2021 and before 1 October 2022 is the sum of all the 2021 basic daily fee supplements for the days during the period on which: (a) the care recipient was provided with residential care through the residential care service in question; and (b) the approved provider of the service met the requirements for eligibility for a 2021 basic daily fee supplement under section 64C. 64C Eligibility for 2021 basic daily fee supplement Notice to Secretary (1) An approved provider may give the Secretary a notice in accordance with subsection (2), but may give such a notice only once. (2) The notice must: (a) be in writing, in a form approved by the Secretary; and (b) include an undertaking to give the Secretary reports in accordance with subsection (10) relating to the quarter in which the notice is given and each subsequent quarter; and (c) include any other statements or information required by the approved form. Eligibility based on giving notice—initial quarter (3) If the notice is given on or before the 21st day of a quarter (the initial quarter), the approved provider meets the requirements for eligibility for a 2021 basic daily fee supplement on each day between the first day of the initial quarter and: (a) if paragraph (b) does not apply—the 21st day of the following quarter; or (b) if the initial quarter begins on 1 July 2022—30 September 2022. (4) If the notice is given after the 21st day of a quarter (the initial quarter) and before the end of the initial quarter, the approved provider meets the requirements for eligibility for a 2021 basic daily fee supplement on each day between the day the notice is given and: (a) if paragraph (b) does not apply—the 21st day of the following quarter; or (b) if the initial quarter begins on 1 July 2022—30 September 2022. Eligibility based on giving reports—later quarters (5) Subsections (6) to (9) apply to an approved provider that has given a notice in accordance with subsection (2) in a quarter. (6) Subject to subsection (7), if, on or before the 21st day of a later quarter (the current quarter), the approved provider gives the Secretary a report relating to the previous quarter in accordance with subsection (10), the approved provider meets the requirements for eligibility for a 2021 basic daily fee supplement on each day between the 22nd day of the current quarter and the 21st day of the following quarter. (7) If, on or before 21 July 2022, the approved provider gives the Secretary a report relating to the quarter beginning on 1 April 2022 in accordance with subsection (10), the approved provider meets the requirements for eligibility for a 2021 basic daily fee supplement on each day between 22 July 2022 and 30 September 2022. (8) Subject to subsection (9), if, after the 21st day of a later quarter (the current quarter) and on or before the 21st day of the immediately following quarter (the following quarter), the approved provider gives the Secretary a report relating to the quarter immediately before the current quarter in accordance with subsection (10), the approved provider meets the requirements for eligibility for a 2021 basic daily fee supplement on each day between the day the report is given and the 21st day of the following quarter. (9) If, after 21 July 2022 and on or before 30 September 2022, the approved provider gives the Secretary a report relating to the quarter beginning on 1 April 2022 in accordance with subsection (10), the approved provider meets the requirements for eligibility for a 2021 basic daily fee supplement on each day between the day the report is given and 30 September 2022. Reports (10) For the purposes of paragraph (2)(b) and subsections (6) to (9), a report relating to a quarter must: (a) be in writing, in a form approved by the Secretary; and (b) include the information required by the approved form about the quality and quantity of daily living services, with a focus on food and nutrition, provided in the quarter by each residential care service through which the approved provider provides residential care. Meaning of quarter (11) In this section: quarter means a quarter beginning on 1 July 2021, 1 October 2021, 1 January 2022, 1 April 2022 or 1 July 2022. Subdivision H—Initial entry adjustment supplement 64D Initial entry adjustment supplement For the purposes of paragraph 44‑27(1)(e) of the Transitional Provisions Act, the initial entry adjustment supplement applies to a care recipient in respect of a payment period if: (a) the payment period begins on or after 1 October 2022; and (b) the first day on which the recipient entered the residential care service in question to be provided with residential care as non‑respite care occurred during the payment period; and (c) the recipient was provided with that care on that day through that service. Subdivision I—Hotelling supplement 64E Hotelling supplement For the purposes of paragraph 44‑27(1)(e) of the Transitional Provisions Act, the hotelling supplement for a care recipient in respect of a payment period beginning on or after 1 July 2023 is the sum of all the hotelling supplements for the days during the period on which the care recipient was provided with residential care through the residential care service in question. Subdivision J—Registered nurse supplement 64F Registered nurse supplement For the purposes of paragraph 44‑27(1)(e) of the Transitional Provisions Act, the registered nurse supplement for a care recipient in respect of a payment period beginning on or after 1 July 2023 is the sum of all the registered nurse supplements for the days during the period on which: (a) the care recipient was provided with residential care through the residential care service in question; and (b) the care recipient was eligible for a registered nurse supplement under section 64G. 64G Eligibility for registered nurse supplement A care recipient is eligible for a registered nurse supplement on a particular day during a payment period if: (a) on that day, the care recipient is being provided with residential care through a residential care service; and (b) during the period, residential care is provided through the residential care service at at least one residential facility that is a qualifying facility for the period. Subdivision K—Outbreak management support supplement 64H Outbreak management support supplement For the purposes of paragraph 44‑27(1)(e) of the Transitional Provisions Act, the outbreak management support supplement for a care recipient in respect of a payment period beginning on or after 1 February 2024 is the sum of all the outbreak management support supplements for the days during the period on which the care recipient was provided with residential care through the residential care service in question. Chapter 3—Home care subsidy Part 1—Who is eligible for home care subsidy? 65 Purpose of this Part For Division 46 of the Transitional Provisions Act, this Part specifies requirements relating to the suspension, on a temporary basis, of the provision of home care to a care recipient in accordance with a home care agreement. 66 Suspension of home care (1) For subsection 46‑2(3) of the Transitional Provisions Act, this section specifies requirements relating to the suspension, on a temporary basis, of the provision of home care to a care recipient in accordance with a home care agreement. (2) The home care agreement, as in force on the date specified in the request by the care recipient to suspend the provision of home care (the commencement day), is taken to remain in force during the period for which the provision of home care is suspended (the suspension period). (3) The care recipient is taken to have been provided with home care, as required by the home care agreement, on each day of the suspension period. (4) The suspension period: (a) includes the commencement day; but (b) does not include the day on which the provision of home care to the care recipient recommences. Part 2—On what basis is home care subsidy paid? 67 Purpose of this Part For the purposes of Division 47 of the Transitional Provisions Act, this Part specifies the period within which an approved provider may vary a claim made in respect of a payment period for home care subsidy. 67A Variation of claims for home care subsidy (1) For the purposes of subparagraph 47‑4A(1)(a)(i) of the Transitional Provisions Act, this section provides for the period within which an approved provider may vary a claim made in respect of a payment period. (2) This section applies to a variation to the extent that it relates to a care recipient to whom the approved provider has ceased to provide home care. (3) The period is 70 days after: (a) if Subdivision D of Division 3A of Part 3 of the User Rights Principles 2014 applies—the home care cessation day (within the meaning of section 21D of those Principles); or (b) if Subdivision F of Division 3A of Part 3 of those Principles applies—the home care service cessation day (within the meaning of section 21JA of those Principles). Part 3—What is the amount of home care subsidy? Division 1—Amount of home care subsidy 67B Purpose of this Part For the purposes of Division 48 of the Transitional Provisions Act, this Part specifies the method for working out the amount of home care subsidy payable to an approved provider in respect of a care recipient in respect of a payment period. 67C Amount of home care subsidy in respect of care recipient in respect of payment period The amount of home care subsidy that is payable to an approved provider in respect of a care recipient in respect of a payment period is the sum of the amounts of home care subsidy payable in respect of each day, during the payment period, on which there is in force a home care agreement for provision of home care to the care recipient. 67D Amount of home care subsidy in respect of care recipient in respect of day (1) Subject to subsections (2) and (3), the amount of home care subsidy payable to an approved provider in respect of a day for a care recipient receiving home care is the sum of the following amounts: (a) the basic subsidy amount in respect of the day worked out under Division 2; (b) the amount of the viability supplement in respect of the day worked out under Division 3; (c) the amount of the dementia and cognition supplement (if applicable) in respect of the day worked out under Division 4; (d) the amount of the veterans' supplement (if applicable) in respect of the day worked out under Division 5; (e) the amount of the top‑up supplement (if applicable) in respect of the day worked out under Division 6; (f) the amount of the oxygen supplement (if applicable) that would be payable in respect of the day if the care recipient were receiving residential care on that day; (g) the amount of the enteral feeding supplement (if applicable) that would be payable in respect of the day if the care recipient were receiving residential care on that day. (2) If the provision of home care to a care recipient is suspended, under section 46‑2 of the Transitional Provisions Act, on a day referred to in paragraph 67F(2)(b), (4)(b) or (5)(b) of these principles: (a) the amount of home care subsidy payable to an approved provider for the care recipient in respect of the day is the sum of: (i) the amount referred to in that paragraph; and (ii) the amount of the viability supplement in respect of the day worked out under Division 3; and (b) no amount of a supplement referred to in paragraphs (1)(c) to (g) is payable in respect of the day. (3) If more than one approved provider is eligible for home care subsidy for a day for a particular care recipient, the amount of home care subsidy payable in respect of the day for the care recipient to each approved provider, other than the approved provider that first entered into a home care agreement with the care recipient, is nil. Division 2—Basic subsidy amount 67E Basic subsidy amount—general Subject to section 67F, the basic subsidy amount payable in respect of a day for a care recipient is the amount specified in the following table for the level of care that is, on the day, the care recipient's level of care as a prioritised home care recipient determined under subsection 23B‑1(1) of the Aged Care Act 1997. Basic subsidy amount Item Level of home care Amount ($) 1 Level 1 29.28 2 Level 2 51.49 3 Level 3 112.07 4 Level 4 169.90 67F Basic subsidy amount—during suspension period (1) If the provision of home care to a care recipient is suspended, on a temporary basis, under section 46‑2 of the Transitional Provisions Act, the basic subsidy amount payable for the care recipient in respect of a day during the suspension period is the amount worked out in accordance with subsection (2), (4) or (5) of this section. Suspension for transition care or hospital treatment (2) If the provision of home care is suspended because the care recipient is receiving transition care, or is attending hospital for the purpose of receiving hospital treatment, the amount is the following: (a) for up to 28 consecutive days in the suspension period—the amount specified in the table in section 67E for the level of care that is, on the day, the care recipient's level of care as a prioritised home care recipient determined under subsection 23B‑1(1) of the Aged Care Act 1997; (b) for a subsequent consecutive day in the suspension period—the amount that is 25% of the amount specified in the table in section 67E for the level of care that is, on the day, the care recipient's level of care as a prioritised home care recipient determined under subsection 23B‑1(1) of the Aged Care Act 1997. (3) If a suspension period starts in a financial year and ends in the next financial year, then, for the purpose of calculating the number of consecutive days in subsection (2), the number of days restarts on 1 July of that next financial year. Suspension for respite care (4) If the provision of home care is suspended because the care recipient is receiving respite care for which subsidy is payable to an approved provider, the amount is the following: (a) for up to 28 days in a financial year when the provision of home care is suspended because the care recipient is receiving the respite care—the amount specified in the table in section 67E for the level of care that is, on the day, the care recipient's level of care as a prioritised home care recipient determined under subsection 23B‑1(1) of the Aged Care Act 1997; (b) for a subsequent day in the financial year when the provision of home care is suspended because the care recipient is receiving the respite care—the amount that is 25% of the amount specified in the table in section 67E for the level of care that is, on the day, the care recipient's level of care as a prioritised home care recipient determined under subsection 23B‑1(1) of the Aged Care Act 1997. Note: The 28 days referred to in paragraph (a) do not need to be consecutive days. Suspension for other reason (5) If the provision of home care is suspended for a reason other than those referred to in subsection (2) or (4), the amount is the following: (a) for up to 28 days in a financial year when the provision of home care to the care recipient is suspended for a reason other than those referred to in subsection (2) or (4)—the amount specified in the table in section 67E for the level of care that is, on the day, the care recipient's level of care as a prioritised home care recipient determined under subsection 23B‑1(1) of the Aged Care Act 1997; (b) for a subsequent day in the financial year when the provision of home care to the care recipient is suspended for a reason other than those referred to in subsection (2) or (4)—the amount that is 25% of the amount specified in the table in section 67E for the level of care that is, on the day, the care recipient's level of care as a prioritised home care recipient determined under subsection 23B‑1(1) of the Aged Care Act 1997. Note: The 28 days referred to in paragraph (a) do not need to be consecutive days. (6) If, during a financial year, the determination made under subsection 23B‑1(1) of the Aged Care Act 1997 in relation to the care recipient is varied (under subsection 23B‑2(1) of that Act) to increase the care recipient's level of care as a prioritised home care recipient to a new level, only days on which the provision of home care to the care recipient was suspended whilst the care recipient's level of care as a prioritised home care recipient is the new level are to be counted for the purpose of calculating a number of days under subsection (2), (4) or (5) of this section for the new level. Division 3—Viability supplement 67G Amount of viability supplement The amount of the viability supplement payable in respect of a day for a care recipient is the amount of the viability supplement that would apply for the day for the care recipient under Division 2 of Part 4 of Chapter 3 of the Aged Care (Subsidy, Fees and Payments) Determination 2014 if: (a) the care recipient were not a continuing care recipient; and (b) the viability supplement applied to the care recipient under the Aged Care Act 1997. Division 4—Dementia and cognition supplement 67H Eligibility for dementia and cognition supplement (1) The dementia and cognition supplement applies to a care recipient (in this Division called an eligible care recipient) in respect of a day if: (a) there was in force on the day a home care agreement under which the care recipient was to be provided with home care, whether or not the care was provided on the day; and (b) subsection (2), (3), (4) or (5) applied to the care recipient on the day; and (c) if subsection (2), (3) or (4) applied to the care recipient on the day—the approved provider had a record of the assessment referred to in that subsection that was conducted in relation to the care recipient; and (d) an amount of veterans' supplement is not payable under Division 5 in respect of the day for the care recipient. (2) This subsection applies to a care recipient on a day if: (a) the care recipient has been assessed in accordance with the Psychogeriatric Assessment Scales; and (b) the assessment was conducted by a registered nurse, nurse practitioner or medical practitioner; and (c) the assessment resulted in a score of 10 or more. (3) This subsection applies to a care recipient on a day if: (a) the care recipient is from a culturally or linguistically diverse background; and (b) the care recipient has been assessed in accordance with the Rowland Universal Dementia Assessment Scale; and (c) the assessment was conducted by a registered nurse, nurse practitioner or medical practitioner; and (d) the assessment resulted in a score of 22 or less. (4) This subsection applies to a care recipient on a day if: (a) the care recipient is an Aboriginal person, or a Torres Strait Islander, who lives in a rural or remote area; and (b) the care recipient has been assessed in accordance with the KICA‑Cog; and (c) the assessment was conducted by: (i) a registered nurse, nurse practitioner or medical practitioner; or (ii) another health practitioner trained in assessing a person in accordance with the KICA‑Cog; and (d) the assessment resulted in a score of 33 or less. (5) This subsection applies to a care recipient on a day if, immediately before 1 August 2013, the care recipient was receiving care, or was approved to receive care, in respect of a place allocated for the provision of flexible care in the form called extended aged care at home—dementia. Note: KICA‑Cog, Psychogeriatric Assessment Scales and Rowland Universal Dementia Assessment Scale have the meanings given by section 4 of the Subsidy Principles 2014 (see section 4 of these principles). 67J Amount of dementia and cognition supplement The amount of the dementia and cognition supplement payable in respect of a day for an eligible care recipient is the amount that is 11.5% of the basic subsidy amount that is payable in respect of the day for the care recipient under section 67E. Division 5—Veterans' supplement 67K Eligibility for veterans' supplement The veterans' supplement applies to a care recipient (in this Division called an eligible care recipient) in respect of a day if: (a) on that day: (i) there was in force a home care agreement under which the care recipient was to be provided with home care by an approved provider, whether or not the care was provided on the day; and (ii) the care recipient was a veteran who had an accepted mental health condition; and (b) the care recipient has before, on or after the day, authorised either, or both, of the following to disclose to the approved provider that the care recipient is a veteran with an accepted mental health condition: (i) the Secretary of the Department administered by the Minister administering the Veterans' Entitlements Act 1986; (ii) the Secretary of the Department administered by the Minister administering the Human Services (Centrelink) Act 1997. 67L Amount of veterans' supplement The amount of the veterans' supplement payable in respect of a day for an eligible care recipient is the amount that is 11.5% of the basic subsidy amount that is payable in respect of the day for the care recipient under section 67E. Division 6—Top‑up supplement 67M Eligibility for top‑up supplement The top‑up supplement applies to a care recipient (in this Division called an eligible care recipient) in respect of a day (the relevant day) if: (a) on a day (the eligibility start day) within the period of 28 days ending immediately before 1 August 2013, the care recipient was being provided with care in respect of a place allocated for the provision of flexible care in the form of extended aged care at home—dementia; and (b) during the relevant day, there was in force a home care agreement under which the care recipient was to be provided with home care level 4 by an approved provider, whether or not the care was to be provided on the relevant day; and (c) there has not been 28 consecutive days within the period beginning on the eligibility start day and ending on the relevant day during which: (i) care of a kind referred to in paragraph (a); or (ii) home care in accordance with a home care agreement; was not provided to the care recipient. Note: If the provision of home care to the eligible care recipient is suspended for a period under section 46‑2 of the Transitional Provisions Act, the home care agreement under which the home care is provided is taken to remain in force during the suspension period, and the care recipient is taken to have been provided with home care, as required by the agreement, on each day of the suspension period (see Part 1 of this Chapter). 67N Amount of top‑up supplement amount The amount of the top‑up supplement payable in respect of a day for an eligible care recipient is $3.36. Chapter 3A—Flexible care subsidy 68A Purpose of this Chapter This Chapter makes provision: (a) for Division 50 of the Transitional Provisions Act—in relation to matters relating to who is eligible for flexible care subsidy; and (b) for Division 51 of the Transitional Provisions Act—in relation to the basis on which flexible care subsidy is paid. 68B Application of Chapter 4 of the Subsidy Principles 2014 (1) The following provisions (the applied provisions) apply: (a) Chapter 4 of the Subsidy Principles 2014; (b) any provisions of the Subsidy Principles 2014 that relate to provisions of Chapter 4 of those principles. (2) The applied provisions apply as if: (a) a reference to Division 50 of the Act, or a provision of that Division, were a reference to Division 50 of the Transitional Provisions Act or the corresponding provision of that Division; and (b) a reference to Division 51 of the Act, or a provision of that Division, were a reference to Division 51 of the Transitional Provisions Act or the corresponding provision of that Division; and (c) a reference to a provision of Division 52 of the Act were a reference to the corresponding provision of Division 52 of the Transitional Provisions Act; and (d) a reference to a care recipient were a reference to a continuing flexible care recipient; and (e) a reference to an expression that is used in the applied provisions and is defined in clause 1 of Schedule 1 to the Transitional Provisions Act were a reference to that expression as defined in that Schedule. Chapter 4—Responsibilities of approved providers Part 1—Accommodation bonds Division 1—Basic rules about accommodation bonds Subdivision A—Information about accommodation bonds etc. 69 Purpose of this Subdivision This Subdivision specifies: (a) for paragraph 57‑2(1)(d) of the Transitional Provisions Act—the information about the accommodation bond that an approved provider of a residential care service or a flexible care service must give a person before the person enters the service as a care recipient; and (b) for subsection 57‑2(2) of the Transitional Provisions Act—matters that the Secretary must have regard to in considering whether to extend the period within which an accommodation bond agreement must be entered into. 70 Information about accommodation bonds (1) The approved provider must tell the care recipient whether the residential care service or flexible care service charges an accommodation bond if the care recipient is eligible to pay an accommodation bond. (2) If the service charges, or intends to charge, an accommodation bond and the person is eligible to pay an accommodation bond, the approved provider must give the care recipient the following information about the accommodation bond: (a) the requirement, if the care recipient has given the provider enough information to decide the value of the care recipient's assets, for the care recipient to be left, after paying the accommodation bond, with assets having a value of at least the care recipient's minimum permissible asset value; (b) details of the interest rate to be charged on amounts owed under the accommodation bond agreement, resident agreement or extra service agreement, and the capacity for amounts and accrued interest on them to be deducted from the balance of the bond before it is refunded; (c) the amounts of bonds charged; (d) the retention amount of the bond; (e) the interest rate on the bond if there is a delay in payment of the lump sum or the bond is paid in whole or in part by periodic payments; (f) the periods when the retention amount and interest are charged; (g) payment options (that is, by lump sum, periodic payments, or a combination of lump sum and periodic payments); (h) refund arrangements; (i) the prudential arrangements applying to the accommodation bond balance; (j) when an accommodation bond is not required or, if paid, is refundable. Note: Section 57‑20 of the Transitional Provisions Act deals with retention amounts. 71 Extension of time for entering into accommodation bond agreement For subsection 57‑2(2) of the Transitional Provisions Act, in considering the period by which the time referred to in paragraph 57‑2(1)(e) of the Transitional Provisions Act for entering into an accommodation bond agreement is to be extended, the Secretary may have regard to any matter that the Secretary considers relevant. Subdivision B—Other rules about accommodation bonds 72 Purpose of this Subdivision For paragraph 57‑2(1)(p) of the Transitional Provisions Act, this Subdivision specifies other rules relating to charging an accommodation bond for the entry of a person to a residential care service or a flexible care service as a care recipient. Note: Section 57‑2 of the Transitional Provisions Act sets out the basic rules about accommodation bonds. In particular, paragraphs 57‑2(a) and (h) deal with the circumstances when an accommodation bond is not required or, if paid, is refundable. 73 Accommodation bond agreement required even if financial hardship determination is sought (1) This section applies if: (a) the care recipient is not a concessional resident; and (b) the approved provider or care recipient has applied to the Secretary for a financial hardship determination in relation to the care recipient. (2) An accommodation bond agreement must still be made if: (a) the application has not been decided; and (b) the approved provider intends to charge an accommodation bond if the application is refused. (3) The agreement must state that the accommodation bond is payable if: (a) the Secretary refuses to make the determination; or (b) the determination is made but later ceases to be in force. 74 Payment if agreed accommodation bond not paid (1) This section applies if the care recipient: (a) has agreed to pay the accommodation bond in whole or in part as a lump sum; and (b) leaves the residential care service or flexible care service after being provided with care for more than 2 months; and (c) does not pay the accommodation bond before leaving the service. (2) The care recipient may be required to pay the interest equivalent, in relation to the care recipient's accommodation bond balance, to the approved provider. (3) The interest equivalent is the amount worked out in accordance with the following formula: where: D is the number of days in the period: (a) beginning on the first day of the month in which the lump sum was to be paid; and (b) ending on the last day of the month in which the care recipient leaves the service. I is the lower of: (a) the interest rate stated in the care recipient's accommodation bond agreement; and (b) the maximum permissible interest rate for the care recipient's entry day. LS is the amount of the accommodation bond agreed to be paid as a lump sum. 75 Payment of accommodation bond before refund of pre‑allocation lump sum (1) If the Secretary imposes a condition, under section 14‑5 of the Aged Care Act 1997, on an allocation to a person of places within a residential care service (the effect of which is that the person must refund any pre‑allocation lump sums within a time specified in the condition) and a care recipient has paid a pre‑allocation lump sum for care within that residential care service, an accommodation bond must not be charged until: (a) the pre‑allocation lump sum has been refunded to the care recipient; and (b) the approved provider has complied with the rules in section 57‑2 of the Transitional Provisions Act. (2) If an approved provider first complies with the rules in section 57‑2 of the Transitional Provisions Act after the time specified in the condition for the refund of the pre‑allocation lump sum, the care recipient must not be required to pay an accommodation bond earlier than 21 days after the approved provider first complied with those rules. Division 2—Contents of accommodation bond agreements 76 Purpose of this Division For paragraph 57‑9(1)(l) of the Transitional Provisions Act, this Division specifies other matters that must be set out in an agreement between the approved provider of a residential care service, or a flexible care service, and a care recipient for the agreement to be an accommodation bond agreement. 77 Amount of accommodation bond—no financial hardship (1) This section applies if an accommodation bond is not paid, or a lower amount of accommodation bond is proposed to be paid, because the approved provider or the care recipient has applied to the Secretary for a financial hardship determination in relation to the care recipient. (2) The accommodation bond agreement must state the amount of accommodation bond payable by the care recipient if: (a) the Secretary refuses to make the determination; or (b) the determination is made but later ceases to be in force. 78 Retention amounts and interest, or interest equivalent, charges (1) The accommodation bond agreement must state, in dollar terms, the amount of each retention amount that will be deducted from the accommodation bond balance. Note: For retention amounts, see s 57‑20 of the Transitional Provisions Act, and for maximum retention amounts, see section 97 of these principles. (2) The accommodation bond agreement must also state: (a) the rate of interest or interest equivalent payable if the accommodation bond: (i) is paid in whole or in part as a lump sum after the due date; or (ii) is paid by periodic payments; or (iii) is not paid when it is due to be paid; and (b) the way interest, or interest equivalent, charges are calculated; and (c) the total amount of interest, or interest equivalent, charges payable under the agreement: (i) if they can be calculated when the agreement is made; and (ii) assuming that the care recipient will make all payments when they are due; and (d) the retention amounts payable if the care recipient is provided with care for 2 months or less; and (e) the frequency at which interest, or interest equivalent, charges will be debited. 79 Periodic payments (1) This section applies if the care recipient elects to pay the accommodation bond in whole or in part by periodic payments. (2) The accommodation bond agreement must state: (a) the amount of the lump sum equivalent; and (b) the amount and frequency of the periodic payments; and (c) the components of each periodic payment representing: (i) retention; and (ii) interest; and (d) that the care recipient may, at any time, pay as a lump sum the whole or a part of the lump sum equivalent. 80 Providing information to third parties (1) This section applies in relation to an accommodation bond agreement between the approved provider of a residential care service and a care recipient. (2) The accommodation bond agreement must state that, if the care recipient wishes to move from the residential care service (the original service) to another residential care service (the new service), the approved provider of the original service may ask the care recipient for permission to provide the following information to the approved provider of the new service: (a) whether the care recipient has agreed to pay an accommodation bond; (b) if so, the amount agreed and, if the care recipient has agreed to pay the amount in whole or in part by periodic payments, the lump sum equivalent; (c) the period remaining during which, under section 57‑20 of the Transitional Provisions Act, retention amounts may be deducted from the care recipient's accommodation bond balance; (d) amounts that may be deducted from the accommodation bond balance. Division 3—Financial hardship determinations 81 Purpose of this Division This Division specifies: (a) for section 57‑14 of the Transitional Provisions Act—matters to which the Secretary must have regard in deciding whether to make a financial hardship determination in relation to a person; and (b) for section 57‑15 of the Transitional Provisions Act—circumstances in which the Secretary may revoke a financial hardship determination. 82 Matters to which Secretary must have regard in deciding whether to make financial hardship determination (1) For section 57‑14 of the Transitional Provisions Act, this section sets out matters to which the Secretary must have regard in deciding whether to make a financial hardship determination in relation to a person. (2) The Secretary must not make a financial hardship determination in relation to a person if: (a) the person's means have not been assessed in accordance with the Aged Care Act 1997; or (b) the value of the person's assets (worked out under section 44‑26A of the Aged Care Act 1997 and section 47 of the Subsidy Principles 2014) is more than 1.5 times the sum of the annual amount of the following (worked out under the Social Security Act): (i) the basic age pension amount; (ii) the pension supplement amount; (iii) the clean energy supplement; or (c) the person has gifted: (i) more than $10 000 in the previous 12 months; or (ii) more than $30 000 in the previous 5 years. Note: Basic age pension amount is defined in clause 1 of Schedule 1 to the Aged Care Act 1997. (3) In determining the value of a person's assets for paragraph (2)(b), unrealisable assets are not to be included. Note: Unrealisable asset is defined in section 4. (4) In deciding whether to make a financial hardship determination in relation to a person, the Secretary may have regard to the following matters: (a) the person's total assessable income (worked out under section 44‑24 of the Aged Care Act 1997 and section 41 of the Subsidy Principles 2014); (b) whether the amount of income available to the person after expenditure on essential expenses is less than 15% of the basic age pension amount; (c) the person's financial arrangements; (d) the person's entitlement to income support: (i) under the Social Security Act; or (ii) under the Veterans' Entitlements Act; or (iii) from any other source; (e) whether the person has taken steps to obtain information about his or her entitlement to a pension, benefit or other income support payment; (f) whether the person has access to financial assistance: (i) under section 1129 of the Social Security Act (relating to access to financial hardship rules for pensions); or (ii) under the pension loans scheme under Division 4 of Part 3.12 of the Social Security Act; or (iii) from any other source; (g) whether any income of the person is income that he or she does not reasonably have access to; (h) whether there is a charge on the person's income over which the payment of an accommodation bond cannot practically take precedence; (i) whether the person is in Australia on a temporary basis; (j) any other matters the Secretary considers relevant. (5) A financial hardship determination may be expressed to take effect from a date before it is made. (6) For paragraph (4)(b), essential expenses, has the same meaning as in section 39 of the Fees and Payments Principles 2014 (No. 2). 83 Circumstances in which Secretary may revoke financial hardship determination For subsection 57‑15(1) of the Transitional Provisions Act, the Secretary may revoke a financial hardship determination in relation to a person if: (a) the circumstances of the person have changed; and (b) the Secretary is satisfied that: (i) paying an accommodation bond would not cause the person financial hardship; or (ii) paying an accommodation bond of more than the maximum amount specified in the determination would not cause the person financial hardship. Example: For paragraph (a), a person's circumstances may change if assets of the person that were unrealisable assets are no longer assets of that kind. Division 4—Paying accommodation bond by periodic payments 84 Purpose of this Division For section 57‑17 of the Transitional Provisions Act, this Division specifies matters in relation to the payment by a care recipient of an accommodation bond, in whole or in part, by periodic payments. 85 Frequency of periodic payments If a care recipient elects to pay an accommodation bond, in whole or in part, by periodic payments, the approved provider of the residential care service or flexible care service through which the care recipient is being provided with care must agree with the care recipient on the frequency of the periodic payments. 86 Agreement on periodic payments The amount of a periodic payment, worked out in accordance with section 87, must be agreed between the care recipient and approved provider. 87 Method for working out amounts of periodic payments (1) The amount of a periodic payment to be paid by a care recipient must be the amount worked out in accordance with the following formula: where: IR is the lower of: (a) the interest rate stated in the care recipient's accommodation bond agreement; and (b) the maximum permissible interest rate for the care recipient's entry day. LSE is the amount of the care recipient's lump sum equivalent. NPP is the number of periodic payments payable by the care recipient in the relevant year. RC is the amount of the retention component worked out: (a) if no part of the accommodation bond is paid as a lump sum—in accordance with subsection (2); or (b) if part of the accommodation bond is paid as a lump sum—in accordance with subsections (3) and (4) and, if applicable, (5). Note: See also section 57‑20 of the Transitional Provisions Act and Subdivision E of Division 5 of this Part. (2) The amount of the retention component must not exceed the maximum retention amount that may be deducted under section 97, during the year beginning on the entry day, from the amount that would have been the accommodation bond balance if the care recipient had paid the whole of the accommodation bond as a lump sum. (3) If part of the accommodation bond is paid as a lump sum, the amount of the retention component of the periodic payments is reduced, on a proportionate basis, in accordance with the ratio of the lump sum equivalent to the amount of the accommodation bond. (4) However, if the lump sum is sufficient to cover the total of the retention amounts for the period of 5 years for the whole of the bond, including the lump sum equivalent, and the care recipient elects: (a) the amount of the retention component is nil; and (b) the total of the retention amounts, including the retention component that would otherwise be payable on the lump sum equivalent, may be deducted from the amount paid as a lump sum. (5) For subsection (4): (a) the period of 5 years begins on the care recipient's entry day; and (b) the care recipient's election must be made in writing and given to the approved provider. 88 Respite care periods to be disregarded Periodic payments are not payable for any period when the care recipient is in respite care. 89 Minimum amount of periodic payments (1) The minimum amount of periodic payments payable by the care recipient is the amount representing the periodic payments that would have been payable for 3 calendar months. (2) If the care recipient leaves the residential care service or flexible care service through which the care recipient is being provided with care, the approved provider of the service may charge the care recipient the full amount of a periodic payment that is payable for the month in which the care recipient leaves the service. Division 5—Rights of approved providers Subdivision A—Retention of income derived from investment of accommodation bond balance 90 Purpose of this Subdivision For section 57‑18 of the Transitional Provisions Act, this Subdivision: (a) specifies a method for working out, in certain circumstances, the interest equivalent in relation to a care recipient's accommodation bond balance; and (b) provides that, in specified circumstances, an approved provider must not retain income derived, from the investment of an accommodation bond balance, in respect of a specified period. 91 Working out amounts (1) If a care recipient pays the accommodation bond in whole or in part as a lump sum after the due date, the interest equivalent, in relation to the care recipient's accommodation bond balance, is the amount worked out in accordance with the following formula: where: IR is the lower of: (a) the interest rate stated in the care recipient's accommodation bond agreement; and (b) the maximum permissible interest rate for the care recipient's entry day. LS is the amount of the lump sum. ND is the number of days in the period: (a) beginning on the due date; and (b) ending on the day when the accommodation bond was paid in whole or in part as a lump sum. (2) If: (a) a care recipient is provided with care for 2 months or less; and (b) the care recipient pays the accommodation bond in whole or in part as a lump sum; and (c) the amount paid as a lump sum is refunded to the care recipient within 3 months after the entry day; the interest equivalent, in relation to the care recipient's accommodation bond balance, is the amount worked out in accordance with the following formula: where: IR is the lower of: (a) the interest rate stated in the care recipient's accommodation bond agreement; and (b) the maximum permissible interest rate for the care recipient's entry day. LS is the amount of the lump sum. ND is the number of days in the period: (a) beginning on the day when the lump sum was refunded; and (b) ending 3 months after the entry day. (3) If a care recipient who is being provided with care through a residential care service: (a) leaves the service within 2 months after entering the service; and (b) has agreed to pay the accommodation bond in whole or in part as a lump sum; and (c) does not pay the lump sum before leaving the service; the interest equivalent, in relation to the care recipient's accommodation bond balance, is the amount worked out in accordance with the following formula: where: IR is the lower of: (a) the interest rate stated in the care recipient's accommodation bond agreement; and (b) the maximum permissible interest rate for the care recipient's entry day. LS is the amount of the lump sum. ND is the number of days in 3 calendar months from the day the care recipient entered the residential care service. (4) If subsections (1) and (2) both apply, the interest equivalent, in relation to the care recipient's accommodation bond balance, is the total of the amounts worked out in accordance with those subsections. (5) The approved provider may require payment of an amount less than the interest equivalent in relation to the care recipient's accommodation bond balance. 92 Respite care periods to be disregarded If a care recipient is transferred from respite care to permanent accommodation, the approved provider must not retain income derived, from investment of the care recipient's accommodation bond balance, in respect of the period when the care recipient was in respite care. 93 Financial hardship—period to be disregarded If a financial hardship determination under paragraph 57‑14(1)(a) of the Transitional Provisions Act is in force in relation to a care recipient, an approved provider must not retain income derived, from the investment of the care recipient's accommodation bond balance, in respect of the period beginning on the date of effect of the determination and ending on the day when the determination ceases to be in force under subsection 57‑14(3) of the Transitional Provisions Act. Subdivision B—Deduction from accommodation bond balance of interest on amounts owed 94 Purpose of this Subdivision For paragraph 57‑19(1)(c) of the Transitional Provisions Act, this Subdivision provides for the working out of amounts, representing interest on amounts owed to the approved provider of a residential care service by a care recipient under an accommodation bond agreement, resident agreement or extra service agreement, that the approved provider may deduct from the care recipient's accommodation bond balance. 95 Interest on amounts owed (1) The maximum rate of interest that the approved provider may charge must not be more than the maximum permissible interest rate for the care recipient's entry day. (2) Interest may only be charged for the period that: (a) begins on the day after the day 1 month after the day when the amount becomes payable under the accommodation bond agreement, resident agreement or extra service agreement; and (b) ends on the day when the amount owed to the approved provider is paid or the residential care service ceases to provide care to the care recipient (whichever is earlier). Subdivision C—Deduction of retention amounts in respect of accommodation bond 96 Purpose of this Subdivision For subsection 57‑20(1) of the Transitional Provisions Act, this Subdivision specifies the method of working out the maximum retention amount that the approved provider of a residential care service or a flexible care service may deduct from a care recipient's accommodation bond balance. 97 Maximum retention amount (1) The maximum retention amount that may be deducted, from the care recipient's accommodation bond balance, during a year (the first year) beginning on the day, or a year (a later year) beginning on the anniversary of the day, when the care recipient enters the residential care service or flexible care service is: (a) if the accommodation bond is not more than X—10% of X; or (b) if the accommodation bond is more than X but not more than Y—10% of the accommodation bond; or (c) if the accommodation bond is more than Y—10% of Y. (2) However, despite subsections (3) and (4), the maximum retention amount for the care recipient for a later year is the same as the maximum retention amount for the first year. (3) In subsection (1): X is: (a) for a year beginning in the financial year beginning on 1 July 1997—$13 500; or (b) for a year beginning in a later financial year—the amount published under subsection (4) for the financial year. Y is: (a) for a year beginning in the financial year beginning on 1 July 1997—$26 000; or (b) for a year beginning in a later financial year—the amount published under subsection (4) for the financial year. (4) Before, or as soon as practicable after, the beginning of each later financial year, the Secretary must publish on the Department's website the amounts of X and Y for the financial year, worked out in accordance with section 98. (5) The maximum monthly retention amount is the amount worked out in accordance with subsection (1) divided by 12. 98 Indexation of maximum retention amounts (1) If, for a financial year beginning on or after 1 July 2014, the latest CPI number is more than the earlier CPI number, each indexable amount is increased on 1 July of the next financial year, in accordance with the following formula: Note 1: CPI number, earlier CPI number, indexable amount and latest CPI number are defined in section 4. Note 2: The first increase of each indexable amount is on 1 July 2015. (2) If, apart from this subsection, an indexable amount increased under this section would not be a multiple of $60, the amount is rounded to the nearest multiple of $60 (rounding $30 upwards). (3) If, at any time (whether before or after the commencement of these principles), the Australian Statistician publishes a CPI number in substitution for a CPI number previously published, the publication of the later CPI number is to be disregarded for this section. (4) However, if, at any time (whether before or after the commencement of these principles) the Australian Statistician changes the index reference period for the Consumer Price Index, then, in applying this section after the change is made, regard is to be had only to numbers published in terms of the new index reference period. Subdivision D—Restriction on deduction of amounts 99 Purpose of this Subdivision For subsection 57‑20(2) of the Transitional Provisions Act, this Subdivision specifies circumstances in which an approved provider of a residential care service must not deduct any amounts from a care recipient's accommodation bond balance in respect of specified periods. 101 Financial hardship—period to be disregarded If a financial hardship determination is in force in relation to the care recipient, the approved provider must not deduct any retention amounts from the care recipient's accommodation bond balance, in respect of the period beginning on the date of effect of the determination and ending on the day when the determination ceases to be in force under subsection 57‑14(3) of the Transitional Provisions Act. Subdivision E—Period for deduction of retention amounts 102 Purpose of this Subdivision For subsection 57‑20(4) of the Transitional Provisions Act, this Subdivision specifies: (a) another period during which the approved provider of a residential care service may deduct retention amounts from a care recipient's accommodation bond balance; and (b) the method of working out another starting day for the period during which retention amounts may be deducted. 104 Entry date if care recipient is transferred from respite care to permanent accommodation (1) This section applies if the care recipient is transferred from respite care to permanent accommodation. (2) For paragraph 57‑20(4)(d) of the Transitional Provisions Act, the day of the transfer is the starting day of the period during which retention amounts may be deducted from the care recipient's accommodation bond balance. Part 2—Accommodation charges Division 1—Basic rules about accommodation charges 105 Purpose of this Division For section 57A‑2 of the Transitional Provisions Act, this Division specifies: (a) the information about the accommodation charge that an approved provider of a residential care service must give a person before the person enters the service as a care recipient; and (b) other rules relating to charging an accommodation charge for the entry of a person to a residential care service as a care recipient; and (c) matters that the Secretary must have regard to in considering whether to extend the period within which an accommodation charge agreement must be entered into; and (d) periods when the approved provider must not: (i) charge the daily accommodation charge; or (ii) charge the daily accommodation charge at more than a specified maximum daily amount. Note: Section 57A‑2 of the Transitional Provisions Act sets out the basic rules about accommodation charges. In particular, paragraphs 57A‑2(h) and (i) deal with the circumstances when an accommodation charge is not required, will not be charged at more than a specified maximum daily amount or, if paid, is refundable. 106 Information about accommodation charges (1) The approved provider must tell the care recipient whether the residential care service charges an accommodation charge if the care recipient is eligible to pay an accommodation charge. (2) If the residential care service charges an accommodation charge and the care recipient is eligible to pay an accommodation charge, the approved provider must give the care recipient the following information about the accommodation charge: (a) the requirement, if the care recipient has given the provider enough information to decide the value of the care recipient's assets, for the care recipient to be left, after paying the accommodation charge, with assets having a value of at least the care recipient's minimum permissible asset value; (b) details of the interest rate to be charged on amounts owed under the accommodation charge agreement or resident agreement; (c) the amount of the accommodation charge; (d) when an accommodation charge: (i) is not required; or (ii) must not be charged at more than a specified maximum daily amount because a financial hardship determination is in force in relation to the care recipient under paragraph 57A‑9(1)(b) of the Transitional Provisions Act; or (iii) if paid—is refundable. 107 Accommodation charge agreement required even if financial hardship determination is sought (1) This section applies if: (a) the care recipient is not a concessional resident; and (b) the approved provider or care recipient has applied to the Secretary for a financial hardship determination in relation to the care recipient. (2) An accommodation charge agreement must still be made if: (a) the application has not been decided; and (b) the approved provider intends to charge an accommodation charge if the application is refused. (3) The agreement must state that the accommodation charge is payable if: (a) the Secretary refuses to make the determination; or (b) the determination is made but later ceases to be in force. 108 Extension of time for entering into accommodation charge agreement For subsection 57A‑2(2) of the Transitional Provisions Act, in considering the period by which the time referred to in paragraph 57A‑2(1)(e) of the Transitional Provisions Act for entering into an accommodation charge agreement is to be extended, the Secretary may have regard to any matter that the Secretary considers relevant. 109 Period of respite care If the care recipient is transferred from respite care to permanent accommodation, the approved provider must not charge the daily accommodation charge for the period when the care recipient was in respite care. 111 Period of prohibition on charging accommodation charge If charging an accommodation charge for a residential care service conducted by an approved provider is prohibited under paragraph 66‑1(j) of the Aged Care Act 1997, the approved provider must not charge the daily accommodation charge for the period when the prohibition is in force. 112 Period of financial hardship If a financial hardship determination is in force in relation to a care recipient, an approved provider must not, for the period beginning on the date of effect of the determination and ending on the day when the determination ceases to be in force under subsection 57A‑9(7) of the Transitional Provisions Act: (a) charge an accommodation charge; or (b) charge an accommodation charge of more than a specified maximum daily amount. Division 2—Contents of accommodation charge agreements 113 Purpose of this Division For paragraph 57A‑3(1)(g) of the Transitional Provisions Act, this Division specifies other matters that must be set out in an agreement between the approved provider of a residential care service and a care recipient for the agreement to be an accommodation charge agreement. 114 Amount of accommodation charge—no financial hardship (1) This section applies if an accommodation charge is not paid because the approved provider or care recipient has applied to the Secretary for a financial hardship determination in relation to the care recipient. (2) The accommodation charge agreement must state the amount of accommodation charge payable by the care recipient if: (a) the Secretary refuses to make the determination; or (b) the determination is made but later ceases to be in force. 115 Providing information to third parties The accommodation charge agreement must state that, if the care recipient wishes to move from one residential care service (the original service) to another residential care service (the new service), the approved provider of the original service may ask the care recipient for permission to provide the following information to the approved provider of the new service: (a) whether the care recipient has agreed to pay an accommodation charge; (b) if so, the amount agreed; (c) the number of days for which the charge accrued under section 57A‑7 of the Transitional Provisions Act. Division 3—Maximum daily accrual amount of accommodation charge 116 Purpose of this Division For section 57A‑6 of the Transitional Provisions Act, this Division specifies different amounts as the maximum daily amount at which accommodation charge accrues for the entry of particular kinds of persons as care recipients to a residential care service. 117 Specified amounts for maximum daily accommodation charge—pre‑2008 reform residents First entry to residential care service before 1 July 2004 (1) For paragraph 57A‑6(1)(c) of the Transitional Provisions Act, the following amounts are specified for a pre‑2008 reform resident who first entered a residential care service for the provision of residential care (other than respite care) before 1 July 2004: (a) for an assisted resident—X; (b) for any other care resident—Y. Note: The specified amount applies only if paragraph 57A‑6(1)(a) or (b) of the Transitional Provisions Act does not apply. (2) In subsection (1): X is: (a) for the financial year starting on 1 July 1999—$6; or (b) for a later financial year—the amount worked out under section 119 for the financial year. Y is: (a) for the financial year starting on 1 July 1999—$12; or (b) for a later financial year—the amount worked out under section 119 for the financial year. First entry to residential care service on or after 1 July 2004 (3) For paragraph 57A‑6(1)(c) of the Transitional Provisions Act, the following amounts are specified for a pre‑2008 reform resident who first entered a residential care service for the provision of residential care (other than respite care) on or after 1 July 2004 but before 20 March 2008: (a) for an assisted resident—A; (b) for any other care resident—B. Note: The specified amount applies only if paragraph 57A‑6(1)(a) or (b) of the Transitional Provisions Act does not apply. (4) In subsection (3): A is: (a) for the financial year starting on 1 July 2004—$9.30; or (b) for a later financial year—the amount worked out under section 119 for the financial year. B is: (a) for the financial year starting on 1 July 2004—$16.25; or (b) for a later financial year—the amount worked out under section 119 for the financial year. 118 Specified amounts for maximum daily accommodation charge—post‑2008 reform residents First entry to residential care service before 1 July 2004 (1) For paragraph 57A‑6(1)(c) of the Transitional Provisions Act, the amount for a post‑2008 reform resident who: (a) first entered a residential care service for the provision of residential care (other than respite care) before 1 July 2004; and (b) re‑entered care during a period specified in the following table; is the amount specified in the table for that period. Post‑2008 reform residents who first enter residential care before 1 July 2004 and re‑enter care Item If the person re‑entered care … the amount is … 1 after 19 March 2008 and before 20 September 2008 $15.76 2 on or after 20 September 2008 and before 20 March 2009 $16.20 3 on or after 20 March 2009 and before 20 September 2009 $16.35 4 on or after 20 September 2009 and before 20 March 2010 $16.48 5 on or after 20 March 2010 and before 20 September 2010 $16.73 6 on or after 20 September 2010 and before 20 March 2011 $16.99 7 on or after 20 March 2011 and before 20 September 2011 $17.18 8 on or after 20 September 2011 and before 20 March 2012 $17.60 9 on or after 20 March 2012 and before 20 September 2012 $17.71 10 on or after 20 September 2012 and before 20 March 2013 $17.81 11 on or after 20 March 2013 and before 20 September 2013 $18.10 12 on or after 20 September 2013 and before 20 March 2014 $18.24 13 on or after 20 March 2014 and before 20 September 2014 $18.59 14 on or after 20 September 2014 and before 20 March 2015 $18.79 15 on or after 20 March 2015 and before 20 September 2015 $18.91 16 on or after 20 September 2015 and before 20 March 2016 $19.07 17 on or after 20 March 2016 and before 20 September 2016 $19.23 18 on or after 20 September 2016 and before 20 March 2017 $19.27 19 on or after 20 March 2017 and before 20 September 2017 $19.52 20 on or after 20 September 2017 and before 20 March 2018 $19.64 21 on or after 20 March 2018 and before 20 September 2018 $19.89 22 on or after 20 September 2018 and before 20 March 2019 $20.05 23 on or after 20 March 2019 and before 20 September 2019 $20.25 24 on or after 20 September 2019 and before 20 March 2020 $20.37 25 on or after 20 March 2020 and before 20 September 2020 $20.62 26 on or after 20 September 2020 and before 20 March 2021 $20.62 27 on or after 20 March 2021 and before 20 September 2021 $20.80 28 on or after 20 September 2021 and before 20 March 2022 $21.08 29 on or after 20 March 2022 and before 20 September 2022 $21.52 30 on or after 20 September 2022 and before 20 March 2023 $22.37 31 on or after 20 March 2023 and before 20 September 2023 $23.20 32 on or after 20 September 2023 and before 20 March 2024 $23.71 33 on or after 20 March 2024 and before 20 September 2024 $24.14 34 on or after 20 September 2024 and before 20 March 2025 $24.62 First entry to residential care service on or after 1 July 2004 (2) For paragraph 57A‑6(1)(c) of the Transitional Provisions Act, the amount for a post‑2008 reform resident who: (a) first entered a residential care service for the provision of residential care (other than respite care) on or after 1 July 2004; and (b) receives an income support payment; and (c) entered care during a period specified in the following table; is the amount specified in the table for that period. Post‑2008 reform residents who first enter residential care on or after 1 July 2004 and receive income support payment Item If the person entered care … the amount is … 1 after 19 March 2008 and before 20 September 2008 $19.56 2 on or after 20 September 2008 and before 20 March 2009 $21.39 3 on or after 20 March 2009 and before 20 September 2009 $23.22 4 on or after 20 September 2009 and before 20 March 2010 $23.05 5 on or after 20 March 2010 and before 20 September 2010 $26.88 6 on or after 20 September 2010 and before 20 March 2011 $28.72 7 on or after 20 March 2011 and before 20 September 2011 $30.55 8 on or after 20 September 2011 and before 20 March 2012 $32.38 9 on or after 20 March 2012 and before 20 September 2012 $32.58 10 on or after 20 September 2012 and before 20 March 2013 $32.76 11 on or after 20 March 2013 and before 20 September 2013 $33.29 12 on or after 20 September 2013 and before 20 March 2014 $33.55 13 on or after 20 March 2014 and before 20 September 2014 $34.20 14 on or after 20 September 2014 and before 20 March 2015 $34.56 15 on or after 20 March 2015 and before 20 September 2015 $34.79 16 on or after 20 September 2015 and before 20 March 2016 $35.08 17 on or after 20 March 2016 and before 20 September 2016 $35.37 18 on or after 20 September 2016 and before 20 March 2017 $35.44 19 on or after 20 March 2017 and before 20 September 2017 $35.90 20 on or after 20 September 2017 and before 20 March 2018 $36.13 21 on or after 20 March 2018 and before 20 September 2018 $36.59 22 on or after 20 September 2018 and before 20 March 2019 $36.88 23 on or after 20 March 2019 and before 20 September 2019 $37.24 24 on or after 20 September 2019 and before 20 March 2020 $37.47 25 on or after 20 March 2020 and before 20 September 2020 $37.93 26 on or after 20 September 2020 and before 20 March 2021 $37.93 27 on or after 20 March 2021 and before 20 September 2021 $38.26 28 on or after 20 September 2021 and before 20 March 2022 $38.78 29 on or after 20 March 2022 and before 20 September 2022 $39.60 30 on or after 20 September 2022 and before 20 March 2023 $41.17 31 on or after 20 March 2023 and before 20 September 2023 $42.70 32 on or after 20 September 2023 and before 20 March 2024 $43.65 33 on or after 20 March 2024 and before 20 September 2024 $44.43 34 on or after 20 September 2024 and before 20 March 2025 $45.31 (3) For paragraph 57A‑6(1)(c) of the Transitional Provisions Act, the amount for a post‑2008 reform resident who: (a) first entered a residential care service for the provision of residential care (other than respite care) on or after 1 July 2004; and (b) does not receive an income support payment; and (c) is receiving care through a service that meets the building requirements referred to in Schedule 1 to these principles; and (d) entered care during a period specified in the following table; is the amount specified in the table for that period. Post‑2008 reform residents who first enter residential care on or after 1 July 2004 and do not receive income support payment and service meets building requirements Item If the person entered care … the amount is … 1 after 19 March 2008 and before 20 September 2010 $26.88 2 on or after 20 September 2010 and before 20 March 2011 $28.72 3 on or after 20 March 2011 and before 20 September 2011 $30.55 4 on or after 20 September 2011 and before 20 March 2012 $32.38 5 on or after 20 March 2012 and before 20 September 2012 $32.58 6 on or after 20 September 2012 and before 20 March 2013 $32.76 7 on or after 20 March 2013 and before 20 September 2013 $33.29 8 on or after 20 September 2013 and before 20 March 2014 $33.55 9 on or after 20 March 2014 and before 20 September 2014 $34.20 10 on or after 20 September 2014 and before 20 March 2015 $34.56 11 on or after 20 March 2015 and before 20 September 2015 $34.79 12 on or after 20 September 2015 and before 20 March 2016 $35.08 13 on or after 20 March 2016 and before 20 September 2016 $35.37 14 on or after 20 September 2016 and before 20 March 2017 $35.44 15 on or after 20 March 2017 and before 20 September 2017 $35.90 16 on or after 20 September 2017 and before 20 March 2018 $36.13 17 on or after 20 March 2018 and before 20 September 2018 $36.59 18 on or after 20 September 2018 and before 20 March 2019 $36.88 19 on or after 20 March 2019 and before 20 September 2019 $37.24 20 on or after 20 September 2019 and before 20 March 2020 $37.47 21 on or after 20 March 2020 and before 20 September 2020 $37.93 22 on or after 20 September 2020 and before 20 March 2021 $37.93 23 on or after 20 March 2021 and before 20 September 2021 $38.26 24 on or after 20 September 2021 and before 20 March 2022 $38.78 25 on or after 20 March 2022 and before 20 September 2022 $39.60 26 on or after 20 September 2022 and before 20 March 2023 $41.17 27 on or after 20 March 2023 and before 20 September 2023 $42.70 28 on or after 20 September 2023 and before 20 March 2024 $43.65 29 on or after 20 March 2024 and before 20 September 2024 $44.43 30 on or after 20 September 2024 and before 20 March 2025 $45.31 (4) For paragraph 57A‑6(1)(c) of the Transitional Provisions Act, the amount for a post‑2008 reform resident who: (a) first entered a residential care service for the provision of residential care (other than respite care) on or after 1 July 2004; and (b) does not receive an income support payment; and (c) is receiving care through a service that does not meet the building requirements referred to in Schedule 1 to these principles; and (d) entered care during a period specified in the following table; is the amount specified in the table for that period. Post‑2008 reform residents who first enter residential care on or after 1 July 2004 and do not receive income support payment and service does not meet building requirements Item If the person entered care … the amount is … 1 after 19 March 2008 and before 20 September 2008 $24.37 2 on or after 20 September 2008 and before 20 March 2009 $25.06 3 on or after 20 March 2009 and before 20 September 2009 $25.28 4 on or after 20 September 2009 and before 20 March 2010 $25.49 5 on or after 20 March 2010 and before 20 September 2010 $25.87 6 on or after 20 September 2010 and before 20 March 2011 $26.27 7 on or after 20 March 2011 and before 20 September 2011 $26.56 8 on or after 20 September 2011 and before 20 March 2012 $27.22 9 on or after 20 March 2012 and before 20 September 2012 $27.39 10 on or after 20 September 2012 and before 20 March 2013 $27.54 11 on or after 20 March 2013 and before 20 September 2013 $27.98 12 on or after 20 September 2013 and before 20 March 2014 $28.20 13 on or after 20 March 2014 and before 20 September 2014 $28.75 14 on or after 20 September 2014 and before 20 March 2015 $29.05 15 on or after 20 March 2015 and before 20 September 2015 $29.24 16 on or after 20 September 2015 and before 20 March 2016 $29.49 17 on or after 20 March 2016 and before 20 September 2016 $29.74 18 on or after 20 September 2016 and before 20 March 2017 $29.79 19 on or after 20 March 2017 and before 20 September 2017 $30.17 20 on or after 20 September 2017 and before 20 March 2018 $30.36 21 on or after 20 March 2018 and before 20 September 2018 $30.74 22 on or after 20 September 2018 and before 20 March 2019 $30.99 23 on or after 20 March 2019 and before 20 September 2019 $31.29 24 on or after 20 September 2019 and before 20 March 2020 $31.48 25 on or after 20 March 2020 and before 20 September 2020 $31.86 26 on or after 20 September 2020 and before 20 March 2021 $31.86 27 on or after 20 March 2021 and before 20 September 2021 $32.13 28 on or after 20 September 2021 and before 20 March 2022 $32.57 29 on or after 20 March 2022 and before 20 September 2022 $33.26 30 on or after 20 September 2022 and before 20 March 2023 $34.58 31 on or after 20 March 2023 and before 20 September 2023 $35.87 32 on or after 20 September 2023 and before 20 March 2024 $36.67 33 on or after 20 March 2024 and before 20 September 2024 $37.33 34 on or after 20 September 2024 and before 20 March 2025 $38.07 Note: An amount specified in a table in this section applies only if paragraph 57A‑6(1)(a) or (b) of the Transitional Provisions Act does not apply. 119 Indexation of maximum daily accommodation charge (1) In this section: earlier CPI number, for a financial year, means: (a) for the purpose of working out an amount under subsection 117(2): (i) the CPI number for the last March quarter before the beginning of the financial year (the most recent earlier CPI number); or (ii) if the CPI number for the March quarter of an earlier financial year that started on or after 1 July 1998 is higher than the most recent earlier CPI number—the higher CPI number; and (b) for the purpose of working out an amount under subsection 117(4): (i) the CPI number for the last March quarter before the beginning of the financial year (the most recent earlier CPI number); or (ii) if the CPI number for the March quarter of an earlier financial year that started on or after 1 July 2003 is higher than the most recent earlier CPI number—the higher CPI number. indexed element means: (a) for the purpose of working out an amount under subsection 117(2)—the element X or Y referred to in that subsection; or (b) for the purpose of working out an amount under subsection 117(4)—the element A or B referred to in that subsection. latest CPI number, for a financial year, means the CPI number for the March quarter in the financial year. relevant amount, in a financial year, means the amount of the indexed element for the financial year. Note: CPI number is defined in section 4. (2) For the purpose of working out an amount under subsection 117(2) for a financial year, if the latest CPI number is more than the earlier CPI number, the amount of each indexed element is increased on 1 July of the next financial year. (3) For the purpose of working out an amount under subsection 117(4) for a financial year, if the latest CPI number is more than the earlier CPI number, the amount of each indexed element is increased on 1 July of the next financial year. (4) The amount of the increased indexed element is the amount worked out in accordance with the formula: Division 4—Financial hardship determinations 120 Purpose of this Division This Division specifies: (a) for section 57A‑9 of the Transitional Provisions Act—matters to which the Secretary must have regard in deciding whether to make a financial hardship determination in relation to a person; and (b) for section 57A‑10 of the Transitional Provisions Act—circumstances in which the Secretary may revoke a financial hardship determination. 121 Matters to which Secretary must have regard in deciding whether to make financial hardship determination (1) For section 57A‑9 of the Transitional Provisions Act, this section sets out matters to which the Secretary must have regard in deciding whether to make a financial hardship determination in relation to a person. (2) The Secretary must not make a financial hardship determination in relation to a person if: (a) the person's means have not been assessed in accordance with the Aged Care Act 1997; or (b) the value of the person's assets (worked out under section 44‑26A of the Aged Care Act 1997 and section 47 of the Subsidy Principles 2014) is more than 1.5 times the sum of the annual amount of the following (worked out under the Social Security Act): (i) the basic age pension amount; (ii) the pension supplement amount; (iii) the clean energy supplement; or (c) the person has gifted: (i) more than $10 000 in the previous 12 months; or (ii) more than $30 000 in the previous 5 years. Note: Basic age pension amount is defined in clause 1 of Schedule 1 to the Aged Care Act 1997. (3) In determining the value of a person's assets for paragraph (2)(b), unrealisable assets are not to be included. Note: Unrealisable asset is defined in section 4. (4) In deciding whether to make a financial hardship determination in relation to a person, the Secretary may have regard to the following matters: (a) the person's total assessable income (worked out under section 44‑24 of the Aged Care Act 1997 and section 41 of the Subsidy Principles 2014); (b) whether the amount of income available to the person after expenditure on essential expenses is less than 15% of the basic age pension amount; (c) the person's financial arrangements; (d) the person's entitlement to income support: (i) under the Social Security Act; or (ii) under the Veterans' Entitlements Act; or (iii) from any other source; (e) whether the person has taken steps to obtain information about his or her entitlement to a pension, benefit or other income support payment; (f) whether the person has access to financial assistance: (i) under section 1129 of the Social Security Act (relating to access to financial hardship rules for pensions); or (ii) under the pension loans scheme under Division 4 of Part 3.12 of the Social Security Act; or (iii) from any other source; (g) whether any income of the person is income that he or she does not reasonably have access to; (h) whether there is a charge on the person's income over which the payment of an accommodation charge cannot practically take precedence; (i) whether the person is in Australia on a temporary basis; (j) any other matters the Secretary considers relevant. (5) A financial hardship determination may be expressed to take effect from a date before it is made. (6) For paragraph (4)(b), essential expenses, has the same meaning as in section 39 of the Fees and Payments Principles 2014 (No. 2). 122 Circumstances in which Secretary may revoke financial hardship determination For subsection 57A‑10(1) of the Transitional Provisions Act, the Secretary may revoke a financial hardship determination in relation to a person if: (a) the circumstances of the person have changed; and (b) the Secretary is satisfied that: (i) paying an accommodation charge would not cause the person financial hardship; or (ii) paying an accommodation charge of more than the maximum daily amount specified in the determination would not cause the person financial hardship. Example: For paragraph (a), a person's circumstances may change if assets of the person that were unrealisable assets are no longer assets of that kind. Division 5—Interest on accommodation charge 123 Purpose of this Division For subsection 57A‑12(2) of the Transitional Provisions Act, this Division specifies the maximum rate at which interest may be charged under an accommodation charge agreement on the outstanding balance of an accommodation charge. 124 Rate of interest on outstanding accommodation charge The maximum rate at which interest may be charged on the outstanding balance of an accommodation charge is a rate that is not more than twice the below threshold rate determined by the Minister under subsection 1082(1) of the Social Security Act. Part 3—Resident fees 125 Purpose of this Part For Division 58 of the Transitional Provisions Act, this Division specifies: (a) an additional amount that may be added to the maximum daily amount of resident fees; and (b) the circumstances in which an amount agreed between a care recipient and an approved provider may be included in working out the maximum daily amount of resident fees for the care recipient. 126 Additional amount for residential care service in remote area (1) For subparagraph 58‑1(a)(ii) of the Transitional Provisions Act, this section specifies an amount that may be added to the maximum daily amount of resident fees for residential care provided through a residential care service that is located in a remote area. (2) The additional amount is the amount worked out in accordance with the following formula: where: remote area amount means the amount referred to in column 4 (basic allowance per fortnight) of table item 1 (person whose family situation is not a member of a couple) of Table H—Remote area allowance set out in section 1064‑H2 of the Social Security Act. Note 1: Remote area is defined in section 4. Note 2: The amount worked out using the formula is an amount equal to 85% of the daily equivalent of the fortnightly amount of remote area allowance at the rate in force immediately before the commencement of the A New Tax System (Compensation Measures Legislation Amendment) Act 1999. 127 Additional amounts may be agreed by care recipient in unfunded place (1) This section specifies the circumstances in which an amount (an additional amount), agreed between a care recipient and the approved provider of the residential care service through which the care recipient is being provided with residential care, may be included at step 5 of the resident fee calculator set out in section 58‑2 of the Transitional Provisions Act in working out the maximum daily amount of resident fees for the care recipient. (2) The maximum daily amount of resident fees (the maximum daily fee) payable by the care recipient for a day (the relevant day) may include an additional amount agreed between the care recipient and the approved provider if: (a) before entering into the agreement with the care recipient, the approved provider has informed the care recipient, in writing, that the proposed maximum daily fee is more than the maximum daily amount that would have been payable if the care recipient's place were funded; and (b) the care recipient agrees to pay the amount before it is incurred; and (c) on the relevant day: (i) the care recipient is approved under Part 2.3 of the Aged Care Act 1997 as a recipient of residential care; and (ii) the care recipient's place in the service is unfunded. (3) For this section: (a) a care recipient's place in a residential care service is funded if residential care subsidy is payable under Chapter 3 of the Transitional Provisions Act for the provision of care to the care recipient through the service; and (b) a care recipient's place in a residential care service is unfunded if residential care subsidy otherwise payable under Chapter 3 of the Transitional Provisions Act for the provision of care to the care recipient through the service is not payable because of paragraph 42‑1(2)(a) of that Act. Note: Under paragraph 42‑1(2)(a) of the Transitional Provisions Act, an approved provider is not eligible for residential care subsidy in respect of a care recipient if residential care provided to the care recipient is excluded (see section 42‑7 of the Transitional Provisions Act because the approved provider exceeds the approved provider's allocation of places for residential care subsidy. Part 4—Home care fees 128 Purpose of this Part For Division 60 of the Transitional Provisions Act, this Part: (a) makes provision in relation to the refund of home care fees if a care recipient dies or provision of home care ceases; and (b) specifies matters for determining the maximum daily amount of home care fees payable by a care recipient if the approved provider requires the care recipient to pay ongoing home care fees. 129 Refund of home care fees For paragraph 60‑1(d) of the Transitional Provisions Act, any refundable fee must be paid as soon as practicable to: (a) the care recipient; or (b) a person authorised to receive the refund for the care recipient's estate. Examples for paragraph (b): The care recipient's executor or legal personal representative. 130 Determination of levels of maximum daily amounts of home care fees (1) For section 60‑2 of the Transitional Provisions Act, this section specifies matters for determining the maximum daily amount of home care fees payable by a care recipient if the approved provider requires the care recipient to pay home care fees. (2) If the care recipient's income does not exceed the amount of the maximum basic rate of pension payable from time to time under Part 2.2 of the Social Security Act to persons classed as "Not a member of a couple", the fees must, unless subsection (4) applies, be determined so that they do not exceed the following: (a) if the care recipient's level of home care is level 1—15.68% of that maximum basic rate of pension; (b) if the care recipient's level of home care is level 2—16.58% of that maximum basic rate of pension; (c) if the care recipient's level of home care is level 3—17.05% of that maximum basic rate of pension; (d) if the care recipient's level of home care is level 4—17.50% of that maximum basic rate of pension. (3) If the care recipient's income exceeds the amount of maximum basic rate of pension, the fees must be determined so that they do not exceed an amount equal to the amount of fees permitted under subsection (2) plus 50% of the amount by which the care recipient's income exceeds the amount of maximum basic rate of pension, unless subsection (4) applies. (4) If: (a) the care recipient receives a pension under the Social Security Act and the care recipient's family situation under Part 2.2 of that Act is classified as "Partnered (partner getting pension or benefit)"; or (b) the care recipient receives an equivalent pension under the Veterans' Entitlements Act; the fees must be determined so that they do not exceed an amount equal to the amount of fees permitted under subsection (2) plus 50% of the amount by which the care recipient's income exceeds the amount of maximum basic rate of pension payable to the care recipient. (5) The care recipient must not be charged a home care fee for any period during which: (a) the provision of home care to the care recipient is suspended under section 46‑2 of the Transitional Provisions Act; and (b) the care recipient is receiving: (i) transition care; or (ii) residential care provided as respite care. (6) For this section: income: (a) means income after income tax and medicare levy; and (b) does not include: (i) pharmaceutical allowance, rent assistance or telephone allowance payable under the Social Security Act or the Veterans' Entitlements Act; or (ii) a pension supplement payable under the Social Security Act or the Veterans' Entitlements Act; or (iii) in relation to a pension payable under the Veterans' Entitlements Act (except a service pension), an amount equal to 4% of the amount of the pension. Chapter 5—Application, transitional and saving provisions Part 1—Amendments made by the Aged Care Legislation Amendment (Residential Aged Care Funding) Instrument 2022 131 Saving—transitional supplement Despite the repeal of Subdivision B of Division 4 of Part 3 of Chapter 2 of these principles by Schedule 2 to the Aged Care Legislation Amendment (Residential Aged Care Funding) Instrument 2022, that Subdivision, as in force immediately before 1 October 2022, continues to apply, on and after that day, in relation to a payment period that began before that day. Part 2—Amendments made by the Aged Care Legislation Amendment (Redress Payments) Principles 2024 132 Application—redress payments (1) Subsection 44(1), as repealed and substituted by Schedule 1 to the Aged Care Legislation Amendment (Redress Payments) Principles 2024, applies to the working out of the value of a person's assets at a time that is before, on or after 1 January 2025. (2) Paragraph 44(1)(b) applies to redress payments paid before, on or after 1 January 2025. Schedule 1—Building requirements Note: See paragraph 19(1)(b). 1 Definitions In this Schedule: building means a building forming part of a residential care service. post‑end‑July 1999 building means a building, or part of a building, for which plans were submitted after July 1999 to a body (including a local government body) responsible for building or development approval in the area where the building is located or proposed, for approval to construct or alter the building, or part of the building. pre‑end‑July 1999 building means a building, or a part of a building, that is not a post‑end‑July 1999 building. 3 Privacy and space requirements—pre‑end‑July 1999 buildings (1) A pre‑end‑July 1999 building is taken to meet the privacy and space requirements if the building has: (a) an average of no more than 4 residents per room; and (b) no more than 6 residents per toilet; and (c) no more than 7 residents per shower or bath; and (d) toilets, showers and baths distributed across the building to ensure equitable and ready access for all residents. Example: If a building has more than one wing, toilets and bathing facilities must not be restricted to one wing, or at a point in a wing where it would be difficult for residents to access them. (2) However, paragraph (1)(a) does not apply to a room or rooms usually occupied by particular residents if the approved provider, when requested by the Secretary, is able to demonstrate that it is not, having regard to the culture of those residents, appropriate for that paragraph to apply. (3) For working out the number of residents per toilet for paragraph (1)(b): (a) toilets off common areas are to be included; and (b) toilets primarily for the use of staff are to be excluded. (4) For working out the number of residents per shower or bath for paragraph (1)(c): (a) showers and baths off common areas are to be included; and (b) showers and baths primarily for the use of staff are to be excluded. 4 Privacy and space requirements—post‑end‑July 1999 buildings (1) A post‑end‑July 1999 building is taken to meet the privacy and space requirements if the building has: (a) an average of no more than 1.5 residents per room; and (b) no room that may accommodate more than 2 residents; and (c) no more than 3 residents per toilet; and (d) no more than 4 residents per shower or bath; and (e) toilets, showers and baths distributed across the building to ensure equitable and ready access for all residents. Example: If a building has more than one wing, toilets and bathing facilities must not be restricted to one wing, or at a point in a wing where it would be difficult for residents to access them. (2) However, paragraphs(1)(a) and (b) do not apply to a room or rooms usually occupied by particular residents if the approved provider, when requested by the Secretary, is able to demonstrate that it is not, having regard to the culture of those residents, appropriate for those paragraphs to apply. (3) For working out the number of residents per toilet for paragraph (1)(c): (a) toilets off common areas are to be included; and (b) toilets primarily for the use of staff are to be excluded. (4) For working out the number of residents per shower or bath for paragraph (1)(d): (a) showers and baths off common areas are to be included; and (b) showers and baths primarily for the use of staff are to be excluded. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Name Registration Commencement Application, saving and transitional provisions Aged Care (Transitional Provisions) Principles 2014 28 June 2014 (F2014L00870) 1 July 2014 (s 2) Aged Care (Transitional Provisions) Amendment (September 2014 Indexation) Principles 2014 18 Sept 2014 (F2014L01238) 20 Sept 2014 (s 2) — Aged Care (Transitional Provisions) Amendment (March 2015 Indexation) Principles 2015 18 Mar 2015 (F2015L00317) 20 Mar 2015 (s 2) — Aged Care (Transitional Provisions) Amendment (Removal of Certification and Other Measures) Principles 2015 30 June 2015 (F2015L01013) 1 July 2015 (s 2) — Aged Care (Transitional Provisions) Amendment (September 2015 Indexation) Principles 2015 18 Sept 2015 (F2015L01457) 20 Sept 2015 (s 2) — Aged Care (Transitional Provisions) Amendment (March 2016 Indexation) Principles 2016 18 Mar 2016 (F2016L00350) 20 Mar 2016 (s 2) — Aged Care (Transitional Provisions) Amendment (September 2016 Indexation) Principles 2016 19 Sept 2016 (F2016L01457) 20 Sept 2016 (s 2) — Aged Care (Transitional Provisions) Amendment (Viability Supplement) Principles 2016 19 Dec 2016 (F2016L01993) 1 Jan 2017 (s 2(1) item 1) — Aged Care (Transitional Provisions) Amendment (March 2017 Indexation) Principles 2017 17 Mar 2017 (F2017L00247) 20 Mar 2017 (s 2) — Aged Care (Transitional Provisions) Amendment (September 2017 Indexation) Principles 2017 14 Sept 2017 (F2017L01190) 20 Sept 2017 (s 2) — Aged Care (Transitional Provisions) Amendment (March 2018 Indexation) Principles 2018 16 Mar 2018 (F2018L00281) 20 Mar 2018 (s 2) — Aged Care (Transitional Provisions) Amendment (September 2018 Indexation) Principles 2018 17 Sept 2018 (F2018L01299) 20 Sept 2018 (s 2) — Aged Care Quality and Safety Commission (Consequential Amendments) Rules 2018 24 Dec 2018 (F2018L01840) Sch 1 (item 3): 1 Jan 2019 (s 2(1) item 1) — Aged Care (Transitional Provisions) Amendment (March Indexation) Principles 2019 15 Mar 2019 (F2019L00307) 20 Mar 2019 (s 2) — Aged Care Legislation Amendment (Reducing Home Care Fees) Instrument 2019 20 June 2019 (F2019L00844) Sch 1 (item 3): 1 July 2019 (s 2(1) item 1) — Aged Care (Transitional Provisions) Amendment (September Indexation) Principles 2019 19 Sept 2019 (F2019L01219) 20 Sept 2019 (s 2) — Aged Care (Transitional Provisions) Amendment (March Indexation) Principles 2020 19 Mar 2020 (F2020L00277) 20 Mar 2020 (s 2) — Aged Care Legislation Amendment (Subsidies—COVID‑19 Support) Instrument 2020 26 May 2020 (F2020L00615) Sch 1 (items 3, 4): 27 May 2020 (s 2(1) item 1) — Aged Care Legislation Amendment (Subsidies—COVID‑19 Support Supplement and Workforce Continuity Funding Measures No. 2) Instrument 2020 18 Sept 2020 (F2020L01183) Sch 1 (items 5–8): 19 Sept 2020 (s 2(1) item 2) — Aged Care (Transitional Provisions) Amendment (September Indexation) Principles 2020 19 Sept 2020 (F2020L01187) 20 Sept 2020 (s 2) — Aged Care (Transitional Provisions) Amendment (March Indexation) Principles 2021 16 Mar 2021 (F2021L00239) 20 Mar 2021 (s 2(1) item 1) — Aged Care Legislation Amendment (Subsidies—Residential Care Support Supplement) Instrument 2021 29 Mar 2021 (F2021L00355) Sch 1 (items 3, 4): 30 Mar 2021 (s 2(1) item 1) — Aged Care Legislation Amendment (Subsidies—Royal Commission Response) Instrument 2021 30 June 2021 (F2021L00913) Sch 1 (items 3–10): 1 July 2021 (s 2(1) item 1) — Aged Care Legislation Amendment (Improved Home Care Payment Administration) Instrument 2021 18 Aug 2021 (F2021L01133) Sch 1 (items 1, 2): 1 Sept 2021 (s 2(1) item 1) — Aged Care (Transitional Provisions) Amendment (September Indexation) Principles 2021 8 Sept 2021 (F2021L01246) 20 Sept 2021 (s 2(1) item 1) — Aged Care (Transitional Provisions) Amendment (March Indexation) Principles 2022 11 Mar 2022 (F2022L00305) 20 Mar 2022 (s 2(1) item 1) — Aged Care (Transitional Provisions) Amendment (July Indexation) Determination 2022 29 June 2022 (F2022L00852) Sch 1 (items 1, 2): 1 July 2022 (s 2(1) item 1) — Aged Care (Transitional Provisions) Amendment (September Indexation) Principles 2022 15 Sept 2022 (F2022L01204) 20 Sept 2022 (s 2(1) item 1) — Aged Care Legislation Amendment (Residential Aged Care Funding) Instrument 2022 29 Sept 2022 (F2022L01276) Sch 2 (items 1–25): 1 Oct 2022 (s 2(1) item 1) — Aged Care Legislative Amendment (March Indexation) Instrument 2023 17 Mar 2023 (F2023L00236) Sch 1 (items 3–6): 20 Mar 2023 (s 2(1) item 1) — Aged Care Legislation Amendment (July Indexation and Other Measures) Instrument 2023 26 June 2023 (F2023L00866) Sch 2 (items 1, 2): 1 July 2023 (s 2(1) item 1) — Aged Care Legislation Amendment (Subsidies) Instrument 2023 27 June 2023 (F2023L00872) Sch 1 (items 6–8): 1 July 2023 (s 2(1) item 1) — Aged Care Legislation Amendment (September Indexation and Other Measures) Instrument 2023 18 Sept 2023 (F2023L01261) Sch 1 (items 3–7): 20 Sept 2023 (s 2(1) item 1) — Aged Care Legislation Amendment (Outbreak Management Support Supplement) Instrument 2024 22 Jan 2024 (F2024L00092) Sch 1 (items 5, 6): 23 Jan 2024 (s 2(1) item 1) — Aged Care Legislation Amendment (March Indexation) Instrument 2024 18 Mar 2024 (F2024L00330) Sch 1 (items 3–6): 20 Mar 2024 (s 2(1) item 1) — Aged Care Legislation Amendment (July Indexation) Instrument 2024 27 June 2024 (F2024L00791) Sch 2 (items 1, 2): 1 July 2024 (s 2(1) item 1) — Aged Care Legislation Amendment (September Indexation) Instrument 2024 13 Sept 2024 (F2024L01157) Sch 1 (items 3–6): 20 Sept 2024 (s 2(1) item 1) — Aged Care Legislation Amendment (Redress Payments) Principles 2024 10 Dec 2024 (F2024L01623) Sch 1 (items 1–3): 1 Jan 2025 (s 2(1) item 1) — Aged Care Legislation Amendment (January Subsidy Increase) Instrument 2025 13 Dec 2024 (F2024L01663) Sch 2: 1 Jan 2025 (s 2(1) item 1) — Endnote 4—Amendment history Provision affected How affected Chapter 1 s 2..................... rep LIA s 48D s 4..................... am F2015L01013; F2018L01840; F2020L01183; F2021L01133; F2022L01276; F2023L00872 s 6..................... rep F2022L01276 Chapter 2 Part 2 Division 1 s 11.................... am F2022L01276 Division 3................ rep F2022L01276 s 14.................... rep F2022L01276 s 15.................... rep F2022L01276 s 16.................... rep F2022L01276 Part 3 Division 1 s 17.................... (c)(i) rep 1 Apr 2015 (s 131(1)(a)) (c)(vi) rep 1 Nov 2014 (s 131(2)(a)) am F2020L00615; F2021L00355; F2021L00913; F2022L01276; F2023L00872; F2024L00092 Division 2................ rep F2022L01276 s 18.................... rep F2022L01276 Division 3 Subdivision A s 19.................... am F2015L01013; F2022L01276 Subdivision B s 20.................... rs F2015L01013 am F2022L01276 Subdivision C.............. rep F2022L01276 s 21.................... rep F2022L01276 s 22.................... rep F2022L01276 s 23.................... rep F2022L01276 Subdivision E s 27.................... am F2023L01261 Division 4 s 29.................... am F2015L01013 Subdivision A............. rep 1 Apr 2015 (s 131(1)(b)) s 30.................... rep 1 Apr 2015 (s 131(1)(b)) s 31.................... rep 1 Apr 2015 (s 131(1)(b)) Subdivision B.............. rep F2022L01276 s 32.................... rep F2022L01276 s 33.................... am F2015L01013 rep F2022L01276 Subdivision C s 35.................... am F2015L01013 Subdivision E Subdivision E heading........ am F2021L00913 s 38.................... am F2021L00913 s 39.................... am F2021L00913 Subdivision F.............. rep 1 Nov 2014 (s 131(2)(b)) s 40.................... rep 1 Nov 2014 (s 131(2)(b)) s 41.................... rep 1 Nov 2014 (s 131(2)(b)) s 42.................... rep 1 Nov 2014 (s 131(2)(b)) Division 5 s 44.................... am F2024L01623 Division 7 s 51.................... am F2022L01276 Division 8 Subdivision A............. rep F2022L01276 s 55.................... am F2016L01993 rep F2022L01276 Subdivision C s 59.................... am F2015L01013 s 61.................... rep F2015L01013 Subdivision D Subdivision D heading........ am F2022L01276 s 62.................... am F2015L01013; F2022L01276 s 64.................... rep F2015L01013 Subdivision E Subdivision E.............. ad F2020L00615 Subdivision E heading........ am F2020L01183 s 64.................... ad F2020L00615 am F2020L01183 Subdivision F Subdivision F.............. ad F2021L00355 s 64A................... ad F2021L00355 Subdivision G Subdivision G............. ad F2021L00913 s 64B................... ad F2021L00913 s 64C................... ad F2021L00913 Subdivision H Subdivision H............. ad F2022L01276 s 64D................... ad F2022L01276 Subdivision I Subdivision I.............. ad F2023L00872 s 64E................... ad F2023L00872 Subdivision J Subdivision J.............. ad F2023L00872 s 64F................... ad F2023L00872 s 64G................... ad F2023L00872 Subdivision K Subdivision K............. ad F2024L00092 s 64H................... ad F2024L00092 Chapter 3 Part 2 Part 2................... rs F2021L01133 s 67.................... rs F2021L01133 s 67A................... ad F2021L01133 Part 3 Part 3................... ad F2021L01133 Division 1 s 67B................... ad F2021L01133 s 67C................... ad F2021L01133 s 67D................... ad F2021L01133 Division 2 s 67E................... ad F2021L01133 am F2022L00852; F2023L00866; F2024L00791; F2024L01663 s 67F................... ad F2021L01133 Division 3 s 67G................... ad F2021L01133 Division 4 s 67H................... ad F2021L01133 s 67J.................... ad F2021L01133 Division 5 s 67K................... ad F2021L01133 s 67L................... ad F2021L01133 Division 6 s 67M................... ad F2021L01133 s 67N................... ad F2021L01133 am F2022L00852; F2023L00866; F2024L00791; F2024L01663 s 68.................... rep F2021L01133 Chapter 4 Part 1 Division 5 Subdivision D s 100................... rep F2015L01013 Subdivision E s 103................... rep F2015L01013 Part 2 Division 1 s 107................... am F2022L01276 s 110................... rep F2015L01013 Division 3 s 118................... am F2014L01238; F2015L00317; F2015L01457; F2016L00350; F2016L01457; F2017L00247; F2017L01190; F2018L00281; F2018L01299; F2019L00307; F2019L01219; F2020L00277; F2020L01187; F2021L00239; F2021L01246; F2022L00305; F2022L01204; F2023L00236; F2023L01261; F2024L00330; F2024L01157 Part 4 s 130................... am F2019L00844 Chapter 5 Chapter 5................. rs F2022L01276 Part 1 Part 1 (heading)............ ad F2024L01623 s 131................... rs F2022L01276 Part 2 Part 2................... ad F2024L01623 s 132................... ad F2024L01623 Schedule 1 c 1..................... am F2015L01013 c 2..................... am F2015L01013