{"id":"F2008B00268","name":"Aged Care Act 1997 - Determination under subsection 44-30(5)(a) (ACA No. 2/1998)","slug":"aged-care-act-1997-determination-under-subsection-44-30-5-a-aca-no-2-1998","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73044,"registerId":"commonwealth-F2008B00268-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aged Care Act 1997 - Determination under subsection 44-30(5)(a) (ACA No. 2/1998)","content":"(ACA No. 2/1998)\n\nAGED CARE ACT 1997\n\nDetermination Under Subsection 44-30(5)(a)\n\nI, WARWICK LESLIE SMITH, Minister for Family Services, acting under Section 44-30(5)(a) of the Aged Care Act 1997, DETERMINE with effect from 1 October 1997 that the formulae for calculating the Hardship Supplement and a lesser daily amount of fees for the people who are not members of eligible classes of people, specified in Section 21.37 of the Residential Care Subsidy Principles 1997, are:\n\nHardship Supplement = (Maximum Daily Rate + 15% pension - Income) / 14.\n\nMaximum Daily Rate = standard contribution + compensation reduction + other amounts\n\n(incl. accommodation charge under s23.83(2)(a) or (b) of the User  \nRights Principles 1997.)\n\nLesser Daily Amount of Resident Fees under s44-31(2) = Maximum Daily Rate - Hardship Supplement.\n\nThe inclusion of amounts specified at 23.83(2)(a) or (b) of the User Rights Principles 1997 cease on Royal Assent of the Aged Care Amendment Bill 1998.\n\nThe maximum rates of hardship supplement for people who are not members of eligible classes of people then become:\n\n1.  The amount of standard non-pensioner resident contribution for a person who is not receiving income support payment under s58-3(1) of the Aged Care Act 1997; or\n\nB. The amount of the standard pensioner contribution for a person who is receiving  \nincome support payment under s58-41(1) of the Aged Care Act 1997.\n\nDated 28 day of May 1998\n\nWARWICK SMITH\n\nMinister for Family Services","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2156},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This determination remains tightly focused on its original purpose of establishing the specific arithmetic methodologies for calculating hardship supplements under section 44-30 of the Aged Care Act 1997. It does not expand beyond the financial hardship assistance framework established by the enabling Act."},"complexity_factors":["Mathematical formulas with interdependent variables (Hardship Supplement calculation depends on Maximum Daily Rate, which is itself a composite figure)","Cross-references to subsidiary legislation (Residential Care Subsidy Principles 1997 and User Rights Principles 1997)","Bifurcated outcome based on income support status (pensioner vs non-pensioner pathways)","Temporary provision with automatic cessation trigger upon Royal Assent of subsequent amending Bill","Retrospective operation (effective 1 October 1997 despite determination date of 28 May 1998)"],"plain_english_summary":"This determination sets the formulas for calculating financial hardship assistance for aged‑care residents who aren’t in the standard exemption classes, distinguishing pensioners (income support recipients) from non‑pensioners.  \n\nIt defines a three‑step calculation: a Hardship Supplement [(Maximum Daily Rate + 15% of pension − Resident’s Income) ÷ 14], the Maximum Daily Rate (resident contribution plus allowed adjustments), and the Lesser Daily Amount (Maximum Daily Rate − Hardship Supplement). The supplement is capped by the applicable pensioner or non‑pensioner standard rate."}},"importantCases":[],"_links":{"self":"/api/acts/aged-care-act-1997-determination-under-subsection-44-30-5-a-aca-no-2-1998","history":"/api/acts/aged-care-act-1997-determination-under-subsection-44-30-5-a-aca-no-2-1998/history","analysis":"/api/acts/aged-care-act-1997-determination-under-subsection-44-30-5-a-aca-no-2-1998/analysis","conflicts":"/api/acts/aged-care-act-1997-determination-under-subsection-44-30-5-a-aca-no-2-1998/conflicts","importantCases":"/api/acts/aged-care-act-1997-determination-under-subsection-44-30-5-a-aca-no-2-1998/important-cases","documents":"/api/acts/aged-care-act-1997-determination-under-subsection-44-30-5-a-aca-no-2-1998/documents"}}