{"id":"F2025L01341","name":"Aged Care (Consequential and Transitional Provisions) (Aged Care System Modification) Rules 2025","slug":"aged-care-consequential-and-transitional-provisions-aged-care-system-modification-rules-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107383,"registerId":"commonwealth-F2025L01341-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Aged Care (Consequential and Transitional Provisions) (Aged Care System Modification) Rules 2025.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

Immediately after the commencement of Part 1 of Schedule 1 to the Aged Care and Other Legislation Amendment Act 2025.

1 November 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subitem 2(1) of Schedule 6 to the Aged Care (Consequential and Transitional Provisions) Act 2024.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Schedules","content":"#### 4 Schedules\n\n The operation of each Act or instrument that is specified in a Schedule to this instrument is modified as if it were amended as set out in the applicable items in the Schedule concerned.\n\nSchedule 1—Modifications of the Aged Care Act 2024\n\nAged Care Act 2024\n\n1A Section 89\n\nBefore “A”, insert “(1)”.\n\n1B At the end of section 89\n\nAdd:\n\n (2) A decision that has ceased to have effect under subsection (1) resumes being in effect for a period in circumstances prescribed by the rules.\n\n1C Paragraph 92(4)(b)\n\nOmit “if the service group is residential care—”.\n\n1D Subsection 250(1) (note)\n\nRepeal the note, substitute:\n\n> Note 1: Subsidy is not payable to the extent that there are insufficient funds in an individual’s relevant notional account: see section 251A.\n\n> Note 2: Subsidy may also be payable in advance of a claim being made: see Subdivision AA.\n\n1E After subsection 251(4)\n\nInsert:\n\n (4A) In approving a claim for payment of an amount of subsidy to a registered provider for the relevant period for the subsidy, the System Governor must increase or reduce the amount to make any adjustments that are necessary to take account of any subsidy paid to the registered provider for the relevant period for the subsidy in accordance with Subdivision AA.\n\n1F After Subdivision A of Division 6 of Part 2 of Chapter 4\n\nInsert:","sortOrder":3},{"sectionNumber":"Subdivision AA","sectionType":"subdivision","heading":"Payments of subsidy for home support, assistive technology and home modifications in advance of claims","content":"#### 1 Name\n\n This instrument is the Aged Care (Consequential and Transitional Provisions) (Aged Care System Modification) Rules 2025.\n\n#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

Immediately after the commencement of Part 1 of Schedule 1 to the Aged Care and Other Legislation Amendment Act 2025.

1 November 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n This instrument is made under subitem 2(1) of Schedule 6 to the Aged Care (Consequential and Transitional Provisions) Act 2024.\n\n#### 4 Schedules\n\n The operation of each Act or instrument that is specified in a Schedule to this instrument is modified as if it were amended as set out in the applicable items in the Schedule concerned.\n\nSchedule 1—Modifications of the Aged Care Act 2024\n\nAged Care Act 2024\n\n1A Section 89\n\nBefore “A”, insert “(1)”.\n\n1B At the end of section 89\n\nAdd:\n\n (2) A decision that has ceased to have effect under subsection (1) resumes being in effect for a period in circumstances prescribed by the rules.\n\n1C Paragraph 92(4)(b)\n\nOmit “if the service group is residential care—”.\n\n1D Subsection 250(1) (note)\n\nRepeal the note, substitute:\n\n> Note 1: Subsidy is not payable to the extent that there are insufficient funds in an individual’s relevant notional account: see section 251A.\n\n> Note 2: Subsidy may also be payable in advance of a claim being made: see Subdivision AA.\n\n1E After subsection 251(4)\n\nInsert:\n\n (4A) In approving a claim for payment of an amount of subsidy to a registered provider for the relevant period for the subsidy, the System Governor must increase or reduce the amount to make any adjustments that are necessary to take account of any subsidy paid to the registered provider for the relevant period for the subsidy in accordance with Subdivision AA.\n\n1F After Subdivision A of Division 6 of Part 2 of Chapter 4\n\nInsert:\n\n#### Subdivision AA—Payments of subsidy for home support, assistive technology and home modifications in advance of claims\n\n#### 253A Payments of subsidy in advance of claims\n\n Subsidy that would have been payable to a registered provider under section 250 if the registered provider had given the System Governor a claim for that subsidy in accordance with section 251 is also payable by the Commonwealth to the registered provider under that section if:\n (a) the registered provider gives the System Governor a request for that subsidy in accordance with subsection 253B(1); and\n (b) the System Governor approves the request in accordance with subsection 253B(2).\n\n#### 253B Requests for payments of subsidy in advance of claims\n\n (1) For the purposes of obtaining payment, a registered provider must give to the System Governor a request, in an approved form, for any subsidy that is payable in accordance with section 253A, for the relevant period for the subsidy, to the registered provider for a funded aged care service delivered to an individual through a service delivery branch of the registered provider during the relevant period.\n (2) The System Governor may approve the request for the whole or any part of any subsidy that is payable in accordance with section 253A to the registered provider as soon as reasonably practicable after the request is given to the System Governor under subsection (1) if:\n (a) the payment is likely to mitigate a risk to the financial viability and sustainability of the registered provider that could disrupt the delivery of funded aged care services by the registered provider; or\n (b) the circumstances (if any) prescribed by the rules apply.\n (3) To avoid doubt, for the purposes of this section:\n (a) multiple requests can be made for a single relevant period; and\n (b) requests for multiple days in the same relevant period can be included in a single request.\n\n#### 253C Working out amounts of payments of subsidy in advance of claims\n\n (1) If the System Governor pays an amount of subsidy in accordance with this Subdivision to a registered provider for a relevant period for the subsidy, the System Governor must work out the amount for the relevant period by estimating the amount of subsidy that would be payable under Subdivision A for the relevant period if the registered provider had given the System Governor a claim for that subsidy in accordance with section 251 for the period, taking into account any deductions under subsection 261(1).\n (2) The amounts referred to in subsection (1) must be worked out in accordance with any requirements prescribed by the rules.\n\n#### 253D Claims for subsidy following payments of subsidy in accordance with this Subdivision\n\n For the avoidance of doubt, if the System Governor pays an amount of subsidy in accordance with this Subdivision to a registered provider for a relevant period for the subsidy, the registered provider must give the System Governor a claim for that subsidy in accordance with section 251.\n\n> Note: If the registered provider fails to give the System Governor a claim for that subsidy in accordance with section 251, the amount of subsidy paid is a recoverable amount, and the entity is a debtor in relation to the amount: see subsection 514(4).\n\n1 Paragraph 315(2)(a)\n\nAfter “period”, insert “(if any)”.\n\n2 Subsection 316(1) (note)\n\nOmit “income”, substitute “individual contribution rate”.\n\n3 Paragraph 316(2)(a)\n\nOmit “social security decisions”, substitute “decisions, the taking of certain actions, the operation of certain laws or programs or on the basis of certain information”.\n\n4 Section 317\n\nRepeal the section, substitute:\n\n#### 317 Varying individual contribution rate determination following certain decisions, actions, operation of laws or programs or information\n\n (1) This section applies if:\n (a) an individual contribution rate determination is in force for an individual; and\n (b) the determination is no longer correct:\n (i) because of a decision made under, an administrative action taken under, or the operation of, the social security law (within the meaning of the Social Security Act 1991), a centrelink program or a law or program prescribed by the rules; or\n (ii) on the basis of information referred to in subsection (1A); and\n (c) any requirements prescribed by the rules are met.\n\n> Note: For centrelink program, see section 40 of the Human Services (Centrelink) Act 1997.\n\n (1A) For the purposes of subparagraph (1)(b)(ii), the information is information:\n (a) obtained under or for the purposes of a law or program referred to in subparagraph (1)(b)(i); and\n (b) that is held by the System Governor, the Chief Executive Centrelink or the Chief Executive Medicare.\n (2) The System Governor must, within the period (if any) prescribed by the rules, vary the determination.\n Effect of decision—increase in individual contribution rate\n (4) Subject to subsection (5), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type ongoing for the service group home support in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the day after the end of the quarter in which the variation is made.\n (4A) Subject to subsection (5), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type ongoing for the service group assistive technology in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next anniversary of the entry day for the individual for the classification type for the service group.\n (4B) Subject to subsection (5), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type short‑term for the service group home support, assistive technology or home modifications in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next period of effect (if any) of a classification level for the classification type for the service group.\n Effect of decision—decrease in individual contribution rate\n (4C) Subject to subsection (5), if the variation results in a decrease to the individual contribution rate for an individual for a means testing category, the variation takes effect for a funded aged care service in the category on the day of the occurrence of the event or change in circumstances:\n (a) that resulted in the decision, action or operation referred to in subparagraph (1)(b)(i) being made, taken or occurring; or\n (b) to which the information referred to in subparagraph (1)(b)(ii) relates;\n (as applicable).\n Effect of decision—rules\n (5) The rules may prescribe that, in specified circumstances, the variation takes effect on a specified day, which must not be earlier than the day of the occurrence of the event or change in circumstances:\n (a) that resulted in the decision, action or operation referred to in subparagraph (1)(b)(i) being made, taken or occurring; or\n (b) to which the information referred to in subparagraph (1)(b)(ii) relates;\n (as applicable).\n\n5 Subsections 318(5) and (6)\n\nRepeal the subsections, substitute:\n\n Effect of decision—increase in individual contribution rate\n (5) Subject to subsection (6), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type ongoing for the service group home support in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the day after the end of the quarter in which the variation is made.\n (5A) Subject to subsection (6), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type ongoing for the service group assistive technology in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next anniversary of the entry day for the individual for the classification type for the service group.\n (5B) Subject to subsection (6), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type short‑term for the service group home support, assistive technology or home modifications in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next period of effect (if any) of a classification level for the classification type for the service group.\n Effect of decision—decrease in individual contribution rate\n (5C) Subject to subsection (6), if the variation results in a decrease to the individual contribution rate for an individual for a means testing category, the variation takes effect for a funded aged care service in the category on the day the event or change in the individual’s circumstances occurred.\n Effect of decision—rules\n (6) The rules may prescribe that, in specified circumstances, the variation takes effect on a specified day (which must not be earlier than the day the event or change in the individual’s circumstances occurred).\n\n6 Subsection 324(2A)\n\nOmit “Subdivision D”, substitute “section 336”.\n\n7 After subsection 324(2A)\n\nInsert:\n\n (2B) The income determination must be varied following the making of certain decisions, the taking of certain actions, the operation of certain laws or programs or on the basis of certain information (see section 325A).\n\n8 Section 325 (heading)\n\nAfter “circumstances”, insert “by individual”.\n\n9 Subsection 325(1)\n\nOmit “Subdivision D”, substitute “section 336”.\n\n10 After section 325\n\nInsert:\n\n#### 325A Varying income determination following certain decisions, actions, operation of laws or programs or information\n\n (1) This section applies if:\n (a) an income determination is in force for an individual; and\n (b) the determination is no longer correct:\n (i) because of a decision made under, an administrative action taken under, or the operation of, a law or program referred to in subparagraph 317(1)(b)(i); or\n (ii) on the basis of information referred to in subsection 317(1A); and\n (c) any requirements prescribed by the rules are met.\n (2) The System Governor must, within the period (if any) prescribed by the rules, vary the determination.\n\n11 Subsection 331(2)\n\nRepeal the subsection, substitute:\n\n (1A) The asset determination may be varied or revoked on the application of the individual (see section 333).\n (2) The asset determination may be varied or revoked in accordance with a decision required by section 334 (decisions required in certain circumstances if the System Governor has been notified of the occurrence of an event or a change in the individual’s circumstances under section 337).\n\n12 Subsection 331(2A)\n\nOmit “Subdivision D”, substitute “section 336”.\n\n13 After subsection 331(2A)\n\nInsert:\n\n (2B) The asset determination must be varied following the making of certain decisions, the taking of certain actions, the operation of certain laws or programs or on the basis of certain information (see section 332A).\n\n14 Section 332 (heading)\n\nAfter “circumstances”, insert “by individual”.\n\n15 Subsection 332(1)\n\nOmit “Subdivision D”, substitute “section 336”.\n\n16 After section 332\n\nInsert:\n\n#### 332A Varying asset determination following certain decisions, actions, operation of laws or programs or information\n\n (1) This section applies if:\n (a) an asset determination is in force for an individual; and\n (b) the determination is no longer correct:\n (i) because of a decision made under, an administrative action taken under, or the operation of, a law or program referred to in subparagraph 317(1)(b)(i); or\n (ii) on the basis of information referred to in subsection 317(1A); and\n (c) any requirements prescribed by the rules are met.\n (2) The System Governor must, within the period (if any) prescribed by the rules, vary the determination.\n\n17 Subsection 333(1)\n\nOmit “paragraph 331(2)(b)”, substitute “subsection 331(1A)”.\n\n18 Section 334\n\nRepeal the section, substitute:\n\n#### 334 Varying or revoking asset determination in certain circumstances following notification of event or change in circumstances by registered provider\n\n Application\n (1A) This section applies if:\n (a) an asset determination is in force for an individual; and\n (b) the System Governor has been notified of the occurrence of an event or a change in the individual’s circumstances under section 337; and\n (c) the event or change in circumstances is not set out in the notice of the asset determination (see subsection 329(8)) or a notice of a decision to vary the asset determination (see subsection 335(1)); and\n (d) the asset determination is no longer correct because of the occurrence of the event or change in the individual’s circumstances; and\n (e) any circumstances prescribed by the rules do not apply.\n Initial notice to individual\n (1) The System Governor must give the individual a written notice (the initial notice).\n (2) The initial notice must:\n (aa) inform the individual that the System Governor has been notified of the occurrence of an event or a change in the individual’s circumstances under section 337; and\n (ab) set out the event or change in the individual’s circumstances; and\n (a) inform the individual that the event or change in the individual’s circumstances may be a reason to vary or revoke the asset determination, and what the effect of the variation or revocation would be; and\n (b) invite the individual to make a submission to the System Governor in relation to the matter within the period specified in the initial notice (which must not be less than 28 days after giving the initial notice); and\n (c) inform the individual that the System Governor may decide to vary or revoke the asset determination:\n (i) if no submission is made within the specified period; or\n (ii) after considering any submission made by the individual within the specified period.\n Further notice if individual does not respond to initial notice\n (2A) If the individual does not make a submission within the specified period, the System Governor must give the individual a written notice (the further notice).\n (2B) The further notice must:\n (a) contain the information referred to in paragraphs (2)(aa), (ab) and (a) contained in the initial notice; and\n (b) invite the individual to make a submission to the System Governor in relation to the matter within the period specified in the further notice (which must not be less than 28 days after giving the further notice); and\n (c) inform the individual that the System Governor may decide to vary or revoke the asset determination:\n (i) if no submission is made within the specified period; or\n (ii) after considering any submission made by the individual within the specified period.\n Request for further information in initial or further notice\n (3) The System Governor may also request, in the initial notice or further notice, that the individual give the System Governor the information specified in the notice, within the period specified in the notice for the purposes of paragraph (2)(b) or (2B)(b), to assist the System Governor to decide whether to vary or revoke the asset determination.\n\n> Note: The individual is not obliged to give the information.\n\n Request for further information following submission by individual\n (4) If the individual makes a submission in accordance with the invitation under paragraph (2)(b) or (2B)(b), the System Governor may, by written notice, request the individual to give the System Governor further information, within the period specified in the notice (which must not be less than 28 days after giving the notice), to assist the System Governor to decide whether to vary or revoke the asset determination.\n\n> Note 1: The System Governor may request further information under this subsection regardless of whether information was requested or given under subsection (3).\n\n> Note 2: The individual is not obliged to give the information.\n\n (5) The System Governor may, at the request of the individual, extend the period specified for paragraph (2)(b) or (2B)(b) or subsection (4).\n Deciding whether to vary or revoke asset determination\n (6) The System Governor must:\n (a) consider any submission made in accordance with the invitation under paragraph (2)(b) or (2B)(b) and any further information given in accordance with a request under subsection (3) or (4); and\n (b) make a decision whether to vary or revoke the asset determination within the period specified in the rules.\n\n19 Before subsection 337(1)\n\nInsert:\n\n (1A) A registered provider delivering funded aged care services through the service group residential care to an individual with the classification type ongoing for that service group must notify the System Governor of:\n (a) the occurrence of an event or a change in the individual’s circumstances prescribed by the rules; and\n (b) any information prescribed by the rules relating to the event or change in the individual’s circumstances.\n\n20 Subsection 337(1)\n\nOmit “may notify the System Governor of the occurrence of any”, substitute “must notify the System Governor of the occurrence of any other”.\n\n21 Subsections 337(2) and (3)\n\nAfter “subsection”, insert “(1A) or”.\n\n22 At the end of section 514\n\nAdd:\n\n Recoverable amounts—subsidy for home support, assistive technology and home modifications paid in advance of claims but not subsequently claimed\n (4) An amount of subsidy paid to an entity in accordance with Subdivision AA of Division 6 of Part 2 of Chapter 4 is a recoverable amount, and the entity is a debtor in relation to the amount, if the entity fails to give the System Governor a claim for that subsidy in accordance with section 251.\n\nSchedule 2—Modifications of the Aged Care Rules 2025\n\nAged Care Rules 2025\n\n1A At the end of Part 4 of Chapter 2\n\nAdd:\n\n### Division 5—Period of effect of decisions\n\n#### 89‑5 Circumstances in which decisions resume being in effect for a period\n\n (1) For the purposes of subsection 89(2) of the Act, this section prescribes circumstances in which a decision under subsection 86(1) of the Act about an individual’s priority category for a classification type for a service group that has ceased to have effect under subsection 89(1) of the Act resumes being in effect for a period.\n Place allocated but taken to be withdrawn—service groups home support, assistive technology and home modifications\n (2) A decision about an individual’s priority category for a classification type for a service group that has ceased to have effect under paragraph 89(1)(a) or (aa) of the Act:\n (a) resumes being in effect, immediately after it ceased to have effect, if:\n (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act does not take effect and is taken to be withdrawn under subsection 92A(2) of the Act; and\n (ii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and\n (b) remains in effect in accordance with section 89 of the Act.\n Classification level resumes being in effect under section 80‑49—service group home support\n (3) A decision about an individual’s priority category for a classification type for the service group home support that has ceased to have effect under paragraph 89(1)(a) of the Act:\n (a) resumes being in effect if:\n (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act ceased to have effect under paragraph 92A‑10(a) of this instrument because a classification level for the classification type ongoing for the service group residential care has taken effect for the individual; and\n (ii) a classification level for a classification type for the service group home support for the individual, that ceased being in effect because the classification level for the classification type ongoing for the service group residential care mentioned in subparagraph (i) has taken effect for the individual, resumes being in effect under subsection 80‑49(1) of this instrument; and\n (iii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and\n (b) resumes being in effect when the individual so notifies the System Governor; and\n (c) remains in effect in accordance with section 89 of the Act.\n Classification level resumes being in effect under section 80‑49—classification type short‑term for service group assistive technology\n (4) A decision about an individual’s priority category for the classification type short‑term for the service group assistive technology that has ceased to have effect under paragraph 89(1)(aa) of the Act:\n (a) resumes being in effect if:\n (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act ceased to have effect under paragraph 92A‑10(a) of this instrument because a classification level for the classification type ongoing for the service group residential care has taken effect for the individual; and\n (ii) a classification level for the classification type short‑term for the service group assistive technology for the individual, that ceased being in effect because the classification level for the classification type ongoing for the service group residential care mentioned in subparagraph (i) has taken effect for the individual, resumes being in effect under subsection 80‑49(3) of this instrument; and\n (iii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and\n (b) resumes being in effect when the individual so notifies the System Governor; and\n (c) remains in effect in accordance with section 89 of the Act.\n Classification level resumes being in effect under section 80‑49—classification type short‑term for home modifications\n (5) A decision about an individual’s priority category for the classification type short‑term for the service group home modifications that has ceased to have effect under paragraph 89(1)(aa) of the Act:\n (a) resumes being in effect if:\n (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act ceased to have effect under paragraph 92A‑10(a) of this instrument because a classification level for the classification type ongoing for the service group residential care has taken effect for the individual; and\n (ii) a classification level for the classification type short‑term for the service group home modifications for the individual, that ceased being in effect because the classification level for the classification type ongoing for the service group residential care mentioned in subparagraph (i) has taken effect for the individual, resumes being in effect under subsection 80‑49(4) of this instrument; and\n (iii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and\n (b) resumes being in effect when the individual so notifies the System Governor; and\n (c) remains in effect in accordance with section 89 of the Act.\n\n1 Section 315‑10\n\nRepeal the section.\n\n2 After section 316‑5\n\nInsert:\n\n#### 317‑1 Laws and programs\n\n For the purposes of subparagraph 317(1)(b)(i) of the Act, the laws and programs are the following:\n (a) A New Tax System (Family Assistance) Act 1999;\n (b) A New Tax System (Family Assistance) (Administration) Act 1999;\n (c) Farm Household Support Act 2014;\n (d) MRC Act;\n (e) Paid Parental Leave Act 2010;\n (f) Safety, Rehabilitation and Compensation (Defence‑related claims) Act 1988;\n (g) Student Assistance Act 1973;\n (h) Veterans’ Entitlements Act;\n (i) the program specified in item 430.017 (F111 Payments) of Part 4 of Schedule 1AA to the Financial Framework (Supplementary Powers) Regulations 1997.\n\n3 Sections 317‑5 and 318‑10\n\nRepeal the sections.\n\n4 Subsection 324‑5(2)\n\nRepeal the subsection, substitute:\n\n Variation results in no change to, or a decreased, means tested amount\n (2) If the variation results in:\n (a) no change to the individual’s daily means tested amount; or\n (b) a decrease to the individual’s daily means tested amount;\n the day specified must be the day the event or change in circumstances occurred.\n\n5 Paragraph 324‑5(3)(a)\n\nRepeal the paragraph, substitute:\n\n (a) if the decision under subsection 324(1) of the Act to vary the income determination is made because the individual notified the System Governor of an event or change in the individual’s circumstances as required by section 336 of the Act, and the individual gave the notification within 28 days of the day the event or change in circumstances occurred—the day notice of the decision is given; or\n\n6 Subsection 325‑5 (heading)\n\nAfter “circumstances”, insert “by individual”.\n\n7 Subsections 331‑5(2) and (3)\n\nRepeal the subsections, substitute:\n\n Variation results in no change to, or a decreased, means tested amount\n (2) If the variation results in:\n (a) no change to the individual’s daily means tested amount; or\n (b) a decrease to the individual’s daily means tested amount;\n the day specified must be the day the event or change in circumstances occurred.\n Variation results in an increased means tested amount\n (3) If the variation results in an increase to the individual’s daily means tested amount, the day specified must be:\n (a) if the decision under subsection 331(1) of the Act to vary the asset determination is made because the individual notified the System Governor of an event or change in the individual’s circumstances as required by section 336 of the Act, and the individual gave the notification within 28 days of the day the event or change in circumstances occurred—the day notice of the decision is given; or\n (b) otherwise—28 days before the day notice of the decision under subsection 331(1) of the Act is given.\n\n8 Section 334‑5\n\nRepeal the section, substitute:\n\n#### 334‑1 Varying or revoking asset determination following notification of event or change in circumstances by registered provider—circumstances in which section 334 of the Act does not apply\n\n (1) For the purposes of paragraph 334(1A)(e) of the Act, the circumstances are that:\n (a) the event or change in circumstances of which the registered provider notified the System Governor under section 337 of the Act is:\n (i) the payment of a refundable deposit by the individual; or\n (ii) a change in the individual’s refundable deposit balance; and\n (b) subsection (2) of this section applies to the individual.\n (2) This subsection applies to the individual if:\n (a) the difference between the following is less than $10,000:\n (i) the amount of the individual’s refundable deposit balance included in the notice of the asset determination in force for the individual (see subsection 329(8) of the Act) or the most recent notice (if any) of a decision to vary the asset determination (see subsection 335(1) of the Act));\n (ii) the amount of the individual’s refundable deposit balance of which the registered provider notified the System Governor under section 337 of the Act; or\n (b) the individual has means not disclosed status; or\n (c) on a day on or after the day the registered provider made the notification:\n (i) the individual’s means tested care fee is zero under section 285A‑14 of this instrument; or\n (ii) the non‑clinical care contribution for the individual is zero under subsection 279(5) of the Act; or\n (d) the individual has died; or\n (e) the individual has ceased accessing funded aged care services in an approved residential care home, without starting to access funded aged care services in another approved residential care home; or\n (f) the System Governor has given the individual an initial notice under subsection 334(1) of the Act in relation to another event or a change in the individual’s circumstances and has not yet made a decision required by subsection 334(6) of the Act in relation to that event or change in circumstances.\n\n#### 334‑5 Period for varying or revoking asset determination—following notification of event or change in circumstances by registered provider\n\n For the purposes of paragraph 334(6)(b) of the Act, the period for making a decision under that paragraph is 28 days from:\n (a) if no submission is made in accordance with the invitation in the initial notice under subsection 334(1) of the Act or the further notice under subsection 334(2A) of the Act—the end of the period specified in the further notice (including that period as extended (if applicable) under subsection 334(5) of the Act); or\n (b) if a submission is made in accordance with the invitation in the initial notice under subsection 334(1) of the Act or the further notice (if any) under subsection 334(2A) of the Act, and no further information is requested under subsection 334(4) of the Act—the day the submission is made; or\n (c) if a submission is made in accordance with the invitation in the initial notice under subsection 334(1) of the Act or the further notice (if any) under subsection 334(2A) of the Act, and further information is requested under subsection 334(4) of the Act—the day the individual gives the System Governor the further information.\n\n9 After section 336‑5\n\nInsert:\n\n#### 337‑1 Notifications by registered providers—events and changes in circumstances and related information\n\n For the purposes of subsection 337(1A) of the Act, an event or change in an individual’s circumstances set out in an item of the following table, and the information relating to the event or change in the individual’s circumstances set out in that item, are prescribed.\n\n```html\n

Events and changes in circumstances and related information

Item

Event or change in circumstances

Information

1

The individual pays a refundable deposit

The amount paid

2

A change in the individual’s refundable deposit balance

The amount of the balance after the change

\n```\n\n10 Section 337‑5\n\nOmit “251” (wherever occurring), substitute “257”.","sortOrder":4},{"sectionNumber":"253A","sectionType":"section","heading":"Payments of subsidy in advance of claims","content":"#### 253A Payments of subsidy in advance of claims\n\n Subsidy that would have been payable to a registered provider under section 250 if the registered provider had given the System Governor a claim for that subsidy in accordance with section 251 is also payable by the Commonwealth to the registered provider under that section if:\n (a) the registered provider gives the System Governor a request for that subsidy in accordance with subsection 253B(1); and\n (b) the System Governor approves the request in accordance with subsection 253B(2).","sortOrder":5},{"sectionNumber":"253B","sectionType":"section","heading":"Requests for payments of subsidy in advance of claims","content":"#### 253B Requests for payments of subsidy in advance of claims\n\n (1) For the purposes of obtaining payment, a registered provider must give to the System Governor a request, in an approved form, for any subsidy that is payable in accordance with section 253A, for the relevant period for the subsidy, to the registered provider for a funded aged care service delivered to an individual through a service delivery branch of the registered provider during the relevant period.\n (2) The System Governor may approve the request for the whole or any part of any subsidy that is payable in accordance with section 253A to the registered provider as soon as reasonably practicable after the request is given to the System Governor under subsection (1) if:\n (a) the payment is likely to mitigate a risk to the financial viability and sustainability of the registered provider that could disrupt the delivery of funded aged care services by the registered provider; or\n (b) the circumstances (if any) prescribed by the rules apply.\n (3) To avoid doubt, for the purposes of this section:\n (a) multiple requests can be made for a single relevant period; and\n (b) requests for multiple days in the same relevant period can be included in a single request.","sortOrder":6},{"sectionNumber":"253C","sectionType":"section","heading":"Working out amounts of payments of subsidy in advance of claims","content":"#### 253C Working out amounts of payments of subsidy in advance of claims\n\n (1) If the System Governor pays an amount of subsidy in accordance with this Subdivision to a registered provider for a relevant period for the subsidy, the System Governor must work out the amount for the relevant period by estimating the amount of subsidy that would be payable under Subdivision A for the relevant period if the registered provider had given the System Governor a claim for that subsidy in accordance with section 251 for the period, taking into account any deductions under subsection 261(1).\n (2) The amounts referred to in subsection (1) must be worked out in accordance with any requirements prescribed by the rules.","sortOrder":7},{"sectionNumber":"253D","sectionType":"section","heading":"Claims for subsidy following payments of subsidy in accordance with this Subdivision","content":"#### 253D Claims for subsidy following payments of subsidy in accordance with this Subdivision\n\n For the avoidance of doubt, if the System Governor pays an amount of subsidy in accordance with this Subdivision to a registered provider for a relevant period for the subsidy, the registered provider must give the System Governor a claim for that subsidy in accordance with section 251.\n\n> Note: If the registered provider fails to give the System Governor a claim for that subsidy in accordance with section 251, the amount of subsidy paid is a recoverable amount, and the entity is a debtor in relation to the amount: see subsection 514(4).\n\n1 Paragraph 315(2)(a)\n\nAfter “period”, insert “(if any)”.\n\n2 Subsection 316(1) (note)\n\nOmit “income”, substitute “individual contribution rate”.\n\n3 Paragraph 316(2)(a)\n\nOmit “social security decisions”, substitute “decisions, the taking of certain actions, the operation of certain laws or programs or on the basis of certain information”.\n\n4 Section 317\n\nRepeal the section, substitute:","sortOrder":8},{"sectionNumber":"317","sectionType":"section","heading":"Varying individual contribution rate determination following certain decisions, actions, operation of laws or programs or information","content":"#### 317 Varying individual contribution rate determination following certain decisions, actions, operation of laws or programs or information\n\n (1) This section applies if:\n (a) an individual contribution rate determination is in force for an individual; and\n (b) the determination is no longer correct:\n (i) because of a decision made under, an administrative action taken under, or the operation of, the social security law (within the meaning of the Social Security Act 1991), a centrelink program or a law or program prescribed by the rules; or\n (ii) on the basis of information referred to in subsection (1A); and\n (c) any requirements prescribed by the rules are met.\n\n> Note: For centrelink program, see section 40 of the Human Services (Centrelink) Act 1997.\n\n (1A) For the purposes of subparagraph (1)(b)(ii), the information is information:\n (a) obtained under or for the purposes of a law or program referred to in subparagraph (1)(b)(i); and\n (b) that is held by the System Governor, the Chief Executive Centrelink or the Chief Executive Medicare.\n (2) The System Governor must, within the period (if any) prescribed by the rules, vary the determination.\n Effect of decision—increase in individual contribution rate\n (4) Subject to subsection (5), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type ongoing for the service group home support in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the day after the end of the quarter in which the variation is made.\n (4A) Subject to subsection (5), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type ongoing for the service group assistive technology in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next anniversary of the entry day for the individual for the classification type for the service group.\n (4B) Subject to subsection (5), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type short‑term for the service group home support, assistive technology or home modifications in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next period of effect (if any) of a classification level for the classification type for the service group.\n Effect of decision—decrease in individual contribution rate\n (4C) Subject to subsection (5), if the variation results in a decrease to the individual contribution rate for an individual for a means testing category, the variation takes effect for a funded aged care service in the category on the day of the occurrence of the event or change in circumstances:\n (a) that resulted in the decision, action or operation referred to in subparagraph (1)(b)(i) being made, taken or occurring; or\n (b) to which the information referred to in subparagraph (1)(b)(ii) relates;\n (as applicable).\n Effect of decision—rules\n (5) The rules may prescribe that, in specified circumstances, the variation takes effect on a specified day, which must not be earlier than the day of the occurrence of the event or change in circumstances:\n (a) that resulted in the decision, action or operation referred to in subparagraph (1)(b)(i) being made, taken or occurring; or\n (b) to which the information referred to in subparagraph (1)(b)(ii) relates;\n (as applicable).\n\n5 Subsections 318(5) and (6)\n\nRepeal the subsections, substitute:\n\n Effect of decision—increase in individual contribution rate\n (5) Subject to subsection (6), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type ongoing for the service group home support in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the day after the end of the quarter in which the variation is made.\n (5A) Subject to subsection (6), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type ongoing for the service group assistive technology in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next anniversary of the entry day for the individual for the classification type for the service group.\n (5B) Subject to subsection (6), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type short‑term for the service group home support, assistive technology or home modifications in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next period of effect (if any) of a classification level for the classification type for the service group.\n Effect of decision—decrease in individual contribution rate\n (5C) Subject to subsection (6), if the variation results in a decrease to the individual contribution rate for an individual for a means testing category, the variation takes effect for a funded aged care service in the category on the day the event or change in the individual’s circumstances occurred.\n Effect of decision—rules\n (6) The rules may prescribe that, in specified circumstances, the variation takes effect on a specified day (which must not be earlier than the day the event or change in the individual’s circumstances occurred).\n\n6 Subsection 324(2A)\n\nOmit “Subdivision D”, substitute “section 336”.\n\n7 After subsection 324(2A)\n\nInsert:\n\n (2B) The income determination must be varied following the making of certain decisions, the taking of certain actions, the operation of certain laws or programs or on the basis of certain information (see section 325A).\n\n8 Section 325 (heading)\n\nAfter “circumstances”, insert “by individual”.\n\n9 Subsection 325(1)\n\nOmit “Subdivision D”, substitute “section 336”.\n\n10 After section 325\n\nInsert:","sortOrder":9},{"sectionNumber":"325A","sectionType":"section","heading":"Varying income determination following certain decisions, actions, operation of laws or programs or information","content":"#### 325A Varying income determination following certain decisions, actions, operation of laws or programs or information\n\n (1) This section applies if:\n (a) an income determination is in force for an individual; and\n (b) the determination is no longer correct:\n (i) because of a decision made under, an administrative action taken under, or the operation of, a law or program referred to in subparagraph 317(1)(b)(i); or\n (ii) on the basis of information referred to in subsection 317(1A); and\n (c) any requirements prescribed by the rules are met.\n (2) The System Governor must, within the period (if any) prescribed by the rules, vary the determination.\n\n11 Subsection 331(2)\n\nRepeal the subsection, substitute:\n\n (1A) The asset determination may be varied or revoked on the application of the individual (see section 333).\n (2) The asset determination may be varied or revoked in accordance with a decision required by section 334 (decisions required in certain circumstances if the System Governor has been notified of the occurrence of an event or a change in the individual’s circumstances under section 337).\n\n12 Subsection 331(2A)\n\nOmit “Subdivision D”, substitute “section 336”.\n\n13 After subsection 331(2A)\n\nInsert:\n\n (2B) The asset determination must be varied following the making of certain decisions, the taking of certain actions, the operation of certain laws or programs or on the basis of certain information (see section 332A).\n\n14 Section 332 (heading)\n\nAfter “circumstances”, insert “by individual”.\n\n15 Subsection 332(1)\n\nOmit “Subdivision D”, substitute “section 336”.\n\n16 After section 332\n\nInsert:","sortOrder":10},{"sectionNumber":"332A","sectionType":"section","heading":"Varying asset determination following certain decisions, actions, operation of laws or programs or information","content":"#### 332A Varying asset determination following certain decisions, actions, operation of laws or programs or information\n\n (1) This section applies if:\n (a) an asset determination is in force for an individual; and\n (b) the determination is no longer correct:\n (i) because of a decision made under, an administrative action taken under, or the operation of, a law or program referred to in subparagraph 317(1)(b)(i); or\n (ii) on the basis of information referred to in subsection 317(1A); and\n (c) any requirements prescribed by the rules are met.\n (2) The System Governor must, within the period (if any) prescribed by the rules, vary the determination.\n\n17 Subsection 333(1)\n\nOmit “paragraph 331(2)(b)”, substitute “subsection 331(1A)”.\n\n18 Section 334\n\nRepeal the section, substitute:","sortOrder":11},{"sectionNumber":"334","sectionType":"section","heading":"Varying or revoking asset determination in certain circumstances following notification of event or change in circumstances by registered provider","content":"#### 334 Varying or revoking asset determination in certain circumstances following notification of event or change in circumstances by registered provider\n\n Application\n (1A) This section applies if:\n (a) an asset determination is in force for an individual; and\n (b) the System Governor has been notified of the occurrence of an event or a change in the individual’s circumstances under section 337; and\n (c) the event or change in circumstances is not set out in the notice of the asset determination (see subsection 329(8)) or a notice of a decision to vary the asset determination (see subsection 335(1)); and\n (d) the asset determination is no longer correct because of the occurrence of the event or change in the individual’s circumstances; and\n (e) any circumstances prescribed by the rules do not apply.\n Initial notice to individual\n (1) The System Governor must give the individual a written notice (the initial notice).\n (2) The initial notice must:\n (aa) inform the individual that the System Governor has been notified of the occurrence of an event or a change in the individual’s circumstances under section 337; and\n (ab) set out the event or change in the individual’s circumstances; and\n (a) inform the individual that the event or change in the individual’s circumstances may be a reason to vary or revoke the asset determination, and what the effect of the variation or revocation would be; and\n (b) invite the individual to make a submission to the System Governor in relation to the matter within the period specified in the initial notice (which must not be less than 28 days after giving the initial notice); and\n (c) inform the individual that the System Governor may decide to vary or revoke the asset determination:\n (i) if no submission is made within the specified period; or\n (ii) after considering any submission made by the individual within the specified period.\n Further notice if individual does not respond to initial notice\n (2A) If the individual does not make a submission within the specified period, the System Governor must give the individual a written notice (the further notice).\n (2B) The further notice must:\n (a) contain the information referred to in paragraphs (2)(aa), (ab) and (a) contained in the initial notice; and\n (b) invite the individual to make a submission to the System Governor in relation to the matter within the period specified in the further notice (which must not be less than 28 days after giving the further notice); and\n (c) inform the individual that the System Governor may decide to vary or revoke the asset determination:\n (i) if no submission is made within the specified period; or\n (ii) after considering any submission made by the individual within the specified period.\n Request for further information in initial or further notice\n (3) The System Governor may also request, in the initial notice or further notice, that the individual give the System Governor the information specified in the notice, within the period specified in the notice for the purposes of paragraph (2)(b) or (2B)(b), to assist the System Governor to decide whether to vary or revoke the asset determination.\n\n> Note: The individual is not obliged to give the information.\n\n Request for further information following submission by individual\n (4) If the individual makes a submission in accordance with the invitation under paragraph (2)(b) or (2B)(b), the System Governor may, by written notice, request the individual to give the System Governor further information, within the period specified in the notice (which must not be less than 28 days after giving the notice), to assist the System Governor to decide whether to vary or revoke the asset determination.\n\n> Note 1: The System Governor may request further information under this subsection regardless of whether information was requested or given under subsection (3).\n\n> Note 2: The individual is not obliged to give the information.\n\n (5) The System Governor may, at the request of the individual, extend the period specified for paragraph (2)(b) or (2B)(b) or subsection (4).\n Deciding whether to vary or revoke asset determination\n (6) The System Governor must:\n (a) consider any submission made in accordance with the invitation under paragraph (2)(b) or (2B)(b) and any further information given in accordance with a request under subsection (3) or (4); and\n (b) make a decision whether to vary or revoke the asset determination within the period specified in the rules.\n\n19 Before subsection 337(1)\n\nInsert:\n\n (1A) A registered provider delivering funded aged care services through the service group residential care to an individual with the classification type ongoing for that service group must notify the System Governor of:\n (a) the occurrence of an event or a change in the individual’s circumstances prescribed by the rules; and\n (b) any information prescribed by the rules relating to the event or change in the individual’s circumstances.\n\n20 Subsection 337(1)\n\nOmit “may notify the System Governor of the occurrence of any”, substitute “must notify the System Governor of the occurrence of any other”.\n\n21 Subsections 337(2) and (3)\n\nAfter “subsection”, insert “(1A) or”.\n\n22 At the end of section 514\n\nAdd:\n\n Recoverable amounts—subsidy for home support, assistive technology and home modifications paid in advance of claims but not subsequently claimed\n (4) An amount of subsidy paid to an entity in accordance with Subdivision AA of Division 6 of Part 2 of Chapter 4 is a recoverable amount, and the entity is a debtor in relation to the amount, if the entity fails to give the System Governor a claim for that subsidy in accordance with section 251.\n\nSchedule 2—Modifications of the Aged Care Rules 2025\n\nAged Care Rules 2025\n\n1A At the end of Part 4 of Chapter 2\n\nAdd:","sortOrder":12},{"sectionNumber":"Division 5","sectionType":"division","heading":"Period of effect of decisions","content":"#### 1 Name\n\n This instrument is the Aged Care (Consequential and Transitional Provisions) (Aged Care System Modification) Rules 2025.\n\n#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

Immediately after the commencement of Part 1 of Schedule 1 to the Aged Care and Other Legislation Amendment Act 2025.

1 November 2025

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n This instrument is made under subitem 2(1) of Schedule 6 to the Aged Care (Consequential and Transitional Provisions) Act 2024.\n\n#### 4 Schedules\n\n The operation of each Act or instrument that is specified in a Schedule to this instrument is modified as if it were amended as set out in the applicable items in the Schedule concerned.\n\nSchedule 1—Modifications of the Aged Care Act 2024\n\nAged Care Act 2024\n\n1A Section 89\n\nBefore “A”, insert “(1)”.\n\n1B At the end of section 89\n\nAdd:\n\n (2) A decision that has ceased to have effect under subsection (1) resumes being in effect for a period in circumstances prescribed by the rules.\n\n1C Paragraph 92(4)(b)\n\nOmit “if the service group is residential care—”.\n\n1D Subsection 250(1) (note)\n\nRepeal the note, substitute:\n\n> Note 1: Subsidy is not payable to the extent that there are insufficient funds in an individual’s relevant notional account: see section 251A.\n\n> Note 2: Subsidy may also be payable in advance of a claim being made: see Subdivision AA.\n\n1E After subsection 251(4)\n\nInsert:\n\n (4A) In approving a claim for payment of an amount of subsidy to a registered provider for the relevant period for the subsidy, the System Governor must increase or reduce the amount to make any adjustments that are necessary to take account of any subsidy paid to the registered provider for the relevant period for the subsidy in accordance with Subdivision AA.\n\n1F After Subdivision A of Division 6 of Part 2 of Chapter 4\n\nInsert:\n\n#### Subdivision AA—Payments of subsidy for home support, assistive technology and home modifications in advance of claims\n\n#### 253A Payments of subsidy in advance of claims\n\n Subsidy that would have been payable to a registered provider under section 250 if the registered provider had given the System Governor a claim for that subsidy in accordance with section 251 is also payable by the Commonwealth to the registered provider under that section if:\n (a) the registered provider gives the System Governor a request for that subsidy in accordance with subsection 253B(1); and\n (b) the System Governor approves the request in accordance with subsection 253B(2).\n\n#### 253B Requests for payments of subsidy in advance of claims\n\n (1) For the purposes of obtaining payment, a registered provider must give to the System Governor a request, in an approved form, for any subsidy that is payable in accordance with section 253A, for the relevant period for the subsidy, to the registered provider for a funded aged care service delivered to an individual through a service delivery branch of the registered provider during the relevant period.\n (2) The System Governor may approve the request for the whole or any part of any subsidy that is payable in accordance with section 253A to the registered provider as soon as reasonably practicable after the request is given to the System Governor under subsection (1) if:\n (a) the payment is likely to mitigate a risk to the financial viability and sustainability of the registered provider that could disrupt the delivery of funded aged care services by the registered provider; or\n (b) the circumstances (if any) prescribed by the rules apply.\n (3) To avoid doubt, for the purposes of this section:\n (a) multiple requests can be made for a single relevant period; and\n (b) requests for multiple days in the same relevant period can be included in a single request.\n\n#### 253C Working out amounts of payments of subsidy in advance of claims\n\n (1) If the System Governor pays an amount of subsidy in accordance with this Subdivision to a registered provider for a relevant period for the subsidy, the System Governor must work out the amount for the relevant period by estimating the amount of subsidy that would be payable under Subdivision A for the relevant period if the registered provider had given the System Governor a claim for that subsidy in accordance with section 251 for the period, taking into account any deductions under subsection 261(1).\n (2) The amounts referred to in subsection (1) must be worked out in accordance with any requirements prescribed by the rules.\n\n#### 253D Claims for subsidy following payments of subsidy in accordance with this Subdivision\n\n For the avoidance of doubt, if the System Governor pays an amount of subsidy in accordance with this Subdivision to a registered provider for a relevant period for the subsidy, the registered provider must give the System Governor a claim for that subsidy in accordance with section 251.\n\n> Note: If the registered provider fails to give the System Governor a claim for that subsidy in accordance with section 251, the amount of subsidy paid is a recoverable amount, and the entity is a debtor in relation to the amount: see subsection 514(4).\n\n1 Paragraph 315(2)(a)\n\nAfter “period”, insert “(if any)”.\n\n2 Subsection 316(1) (note)\n\nOmit “income”, substitute “individual contribution rate”.\n\n3 Paragraph 316(2)(a)\n\nOmit “social security decisions”, substitute “decisions, the taking of certain actions, the operation of certain laws or programs or on the basis of certain information”.\n\n4 Section 317\n\nRepeal the section, substitute:\n\n#### 317 Varying individual contribution rate determination following certain decisions, actions, operation of laws or programs or information\n\n (1) This section applies if:\n (a) an individual contribution rate determination is in force for an individual; and\n (b) the determination is no longer correct:\n (i) because of a decision made under, an administrative action taken under, or the operation of, the social security law (within the meaning of the Social Security Act 1991), a centrelink program or a law or program prescribed by the rules; or\n (ii) on the basis of information referred to in subsection (1A); and\n (c) any requirements prescribed by the rules are met.\n\n> Note: For centrelink program, see section 40 of the Human Services (Centrelink) Act 1997.\n\n (1A) For the purposes of subparagraph (1)(b)(ii), the information is information:\n (a) obtained under or for the purposes of a law or program referred to in subparagraph (1)(b)(i); and\n (b) that is held by the System Governor, the Chief Executive Centrelink or the Chief Executive Medicare.\n (2) The System Governor must, within the period (if any) prescribed by the rules, vary the determination.\n Effect of decision—increase in individual contribution rate\n (4) Subject to subsection (5), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type ongoing for the service group home support in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the day after the end of the quarter in which the variation is made.\n (4A) Subject to subsection (5), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type ongoing for the service group assistive technology in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next anniversary of the entry day for the individual for the classification type for the service group.\n (4B) Subject to subsection (5), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type short‑term for the service group home support, assistive technology or home modifications in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next period of effect (if any) of a classification level for the classification type for the service group.\n Effect of decision—decrease in individual contribution rate\n (4C) Subject to subsection (5), if the variation results in a decrease to the individual contribution rate for an individual for a means testing category, the variation takes effect for a funded aged care service in the category on the day of the occurrence of the event or change in circumstances:\n (a) that resulted in the decision, action or operation referred to in subparagraph (1)(b)(i) being made, taken or occurring; or\n (b) to which the information referred to in subparagraph (1)(b)(ii) relates;\n (as applicable).\n Effect of decision—rules\n (5) The rules may prescribe that, in specified circumstances, the variation takes effect on a specified day, which must not be earlier than the day of the occurrence of the event or change in circumstances:\n (a) that resulted in the decision, action or operation referred to in subparagraph (1)(b)(i) being made, taken or occurring; or\n (b) to which the information referred to in subparagraph (1)(b)(ii) relates;\n (as applicable).\n\n5 Subsections 318(5) and (6)\n\nRepeal the subsections, substitute:\n\n Effect of decision—increase in individual contribution rate\n (5) Subject to subsection (6), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type ongoing for the service group home support in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the day after the end of the quarter in which the variation is made.\n (5A) Subject to subsection (6), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type ongoing for the service group assistive technology in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next anniversary of the entry day for the individual for the classification type for the service group.\n (5B) Subject to subsection (6), if:\n (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and\n (b) on the day the variation is made, the individual has the classification type short‑term for the service group home support, assistive technology or home modifications in effect;\n the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next period of effect (if any) of a classification level for the classification type for the service group.\n Effect of decision—decrease in individual contribution rate\n (5C) Subject to subsection (6), if the variation results in a decrease to the individual contribution rate for an individual for a means testing category, the variation takes effect for a funded aged care service in the category on the day the event or change in the individual’s circumstances occurred.\n Effect of decision—rules\n (6) The rules may prescribe that, in specified circumstances, the variation takes effect on a specified day (which must not be earlier than the day the event or change in the individual’s circumstances occurred).\n\n6 Subsection 324(2A)\n\nOmit “Subdivision D”, substitute “section 336”.\n\n7 After subsection 324(2A)\n\nInsert:\n\n (2B) The income determination must be varied following the making of certain decisions, the taking of certain actions, the operation of certain laws or programs or on the basis of certain information (see section 325A).\n\n8 Section 325 (heading)\n\nAfter “circumstances”, insert “by individual”.\n\n9 Subsection 325(1)\n\nOmit “Subdivision D”, substitute “section 336”.\n\n10 After section 325\n\nInsert:\n\n#### 325A Varying income determination following certain decisions, actions, operation of laws or programs or information\n\n (1) This section applies if:\n (a) an income determination is in force for an individual; and\n (b) the determination is no longer correct:\n (i) because of a decision made under, an administrative action taken under, or the operation of, a law or program referred to in subparagraph 317(1)(b)(i); or\n (ii) on the basis of information referred to in subsection 317(1A); and\n (c) any requirements prescribed by the rules are met.\n (2) The System Governor must, within the period (if any) prescribed by the rules, vary the determination.\n\n11 Subsection 331(2)\n\nRepeal the subsection, substitute:\n\n (1A) The asset determination may be varied or revoked on the application of the individual (see section 333).\n (2) The asset determination may be varied or revoked in accordance with a decision required by section 334 (decisions required in certain circumstances if the System Governor has been notified of the occurrence of an event or a change in the individual’s circumstances under section 337).\n\n12 Subsection 331(2A)\n\nOmit “Subdivision D”, substitute “section 336”.\n\n13 After subsection 331(2A)\n\nInsert:\n\n (2B) The asset determination must be varied following the making of certain decisions, the taking of certain actions, the operation of certain laws or programs or on the basis of certain information (see section 332A).\n\n14 Section 332 (heading)\n\nAfter “circumstances”, insert “by individual”.\n\n15 Subsection 332(1)\n\nOmit “Subdivision D”, substitute “section 336”.\n\n16 After section 332\n\nInsert:\n\n#### 332A Varying asset determination following certain decisions, actions, operation of laws or programs or information\n\n (1) This section applies if:\n (a) an asset determination is in force for an individual; and\n (b) the determination is no longer correct:\n (i) because of a decision made under, an administrative action taken under, or the operation of, a law or program referred to in subparagraph 317(1)(b)(i); or\n (ii) on the basis of information referred to in subsection 317(1A); and\n (c) any requirements prescribed by the rules are met.\n (2) The System Governor must, within the period (if any) prescribed by the rules, vary the determination.\n\n17 Subsection 333(1)\n\nOmit “paragraph 331(2)(b)”, substitute “subsection 331(1A)”.\n\n18 Section 334\n\nRepeal the section, substitute:\n\n#### 334 Varying or revoking asset determination in certain circumstances following notification of event or change in circumstances by registered provider\n\n Application\n (1A) This section applies if:\n (a) an asset determination is in force for an individual; and\n (b) the System Governor has been notified of the occurrence of an event or a change in the individual’s circumstances under section 337; and\n (c) the event or change in circumstances is not set out in the notice of the asset determination (see subsection 329(8)) or a notice of a decision to vary the asset determination (see subsection 335(1)); and\n (d) the asset determination is no longer correct because of the occurrence of the event or change in the individual’s circumstances; and\n (e) any circumstances prescribed by the rules do not apply.\n Initial notice to individual\n (1) The System Governor must give the individual a written notice (the initial notice).\n (2) The initial notice must:\n (aa) inform the individual that the System Governor has been notified of the occurrence of an event or a change in the individual’s circumstances under section 337; and\n (ab) set out the event or change in the individual’s circumstances; and\n (a) inform the individual that the event or change in the individual’s circumstances may be a reason to vary or revoke the asset determination, and what the effect of the variation or revocation would be; and\n (b) invite the individual to make a submission to the System Governor in relation to the matter within the period specified in the initial notice (which must not be less than 28 days after giving the initial notice); and\n (c) inform the individual that the System Governor may decide to vary or revoke the asset determination:\n (i) if no submission is made within the specified period; or\n (ii) after considering any submission made by the individual within the specified period.\n Further notice if individual does not respond to initial notice\n (2A) If the individual does not make a submission within the specified period, the System Governor must give the individual a written notice (the further notice).\n (2B) The further notice must:\n (a) contain the information referred to in paragraphs (2)(aa), (ab) and (a) contained in the initial notice; and\n (b) invite the individual to make a submission to the System Governor in relation to the matter within the period specified in the further notice (which must not be less than 28 days after giving the further notice); and\n (c) inform the individual that the System Governor may decide to vary or revoke the asset determination:\n (i) if no submission is made within the specified period; or\n (ii) after considering any submission made by the individual within the specified period.\n Request for further information in initial or further notice\n (3) The System Governor may also request, in the initial notice or further notice, that the individual give the System Governor the information specified in the notice, within the period specified in the notice for the purposes of paragraph (2)(b) or (2B)(b), to assist the System Governor to decide whether to vary or revoke the asset determination.\n\n> Note: The individual is not obliged to give the information.\n\n Request for further information following submission by individual\n (4) If the individual makes a submission in accordance with the invitation under paragraph (2)(b) or (2B)(b), the System Governor may, by written notice, request the individual to give the System Governor further information, within the period specified in the notice (which must not be less than 28 days after giving the notice), to assist the System Governor to decide whether to vary or revoke the asset determination.\n\n> Note 1: The System Governor may request further information under this subsection regardless of whether information was requested or given under subsection (3).\n\n> Note 2: The individual is not obliged to give the information.\n\n (5) The System Governor may, at the request of the individual, extend the period specified for paragraph (2)(b) or (2B)(b) or subsection (4).\n Deciding whether to vary or revoke asset determination\n (6) The System Governor must:\n (a) consider any submission made in accordance with the invitation under paragraph (2)(b) or (2B)(b) and any further information given in accordance with a request under subsection (3) or (4); and\n (b) make a decision whether to vary or revoke the asset determination within the period specified in the rules.\n\n19 Before subsection 337(1)\n\nInsert:\n\n (1A) A registered provider delivering funded aged care services through the service group residential care to an individual with the classification type ongoing for that service group must notify the System Governor of:\n (a) the occurrence of an event or a change in the individual’s circumstances prescribed by the rules; and\n (b) any information prescribed by the rules relating to the event or change in the individual’s circumstances.\n\n20 Subsection 337(1)\n\nOmit “may notify the System Governor of the occurrence of any”, substitute “must notify the System Governor of the occurrence of any other”.\n\n21 Subsections 337(2) and (3)\n\nAfter “subsection”, insert “(1A) or”.\n\n22 At the end of section 514\n\nAdd:\n\n Recoverable amounts—subsidy for home support, assistive technology and home modifications paid in advance of claims but not subsequently claimed\n (4) An amount of subsidy paid to an entity in accordance with Subdivision AA of Division 6 of Part 2 of Chapter 4 is a recoverable amount, and the entity is a debtor in relation to the amount, if the entity fails to give the System Governor a claim for that subsidy in accordance with section 251.\n\nSchedule 2—Modifications of the Aged Care Rules 2025\n\nAged Care Rules 2025\n\n1A At the end of Part 4 of Chapter 2\n\nAdd:\n\n### Division 5—Period of effect of decisions\n\n#### 89‑5 Circumstances in which decisions resume being in effect for a period\n\n (1) For the purposes of subsection 89(2) of the Act, this section prescribes circumstances in which a decision under subsection 86(1) of the Act about an individual’s priority category for a classification type for a service group that has ceased to have effect under subsection 89(1) of the Act resumes being in effect for a period.\n Place allocated but taken to be withdrawn—service groups home support, assistive technology and home modifications\n (2) A decision about an individual’s priority category for a classification type for a service group that has ceased to have effect under paragraph 89(1)(a) or (aa) of the Act:\n (a) resumes being in effect, immediately after it ceased to have effect, if:\n (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act does not take effect and is taken to be withdrawn under subsection 92A(2) of the Act; and\n (ii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and\n (b) remains in effect in accordance with section 89 of the Act.\n Classification level resumes being in effect under section 80‑49—service group home support\n (3) A decision about an individual’s priority category for a classification type for the service group home support that has ceased to have effect under paragraph 89(1)(a) of the Act:\n (a) resumes being in effect if:\n (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act ceased to have effect under paragraph 92A‑10(a) of this instrument because a classification level for the classification type ongoing for the service group residential care has taken effect for the individual; and\n (ii) a classification level for a classification type for the service group home support for the individual, that ceased being in effect because the classification level for the classification type ongoing for the service group residential care mentioned in subparagraph (i) has taken effect for the individual, resumes being in effect under subsection 80‑49(1) of this instrument; and\n (iii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and\n (b) resumes being in effect when the individual so notifies the System Governor; and\n (c) remains in effect in accordance with section 89 of the Act.\n Classification level resumes being in effect under section 80‑49—classification type short‑term for service group assistive technology\n (4) A decision about an individual’s priority category for the classification type short‑term for the service group assistive technology that has ceased to have effect under paragraph 89(1)(aa) of the Act:\n (a) resumes being in effect if:\n (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act ceased to have effect under paragraph 92A‑10(a) of this instrument because a classification level for the classification type ongoing for the service group residential care has taken effect for the individual; and\n (ii) a classification level for the classification type short‑term for the service group assistive technology for the individual, that ceased being in effect because the classification level for the classification type ongoing for the service group residential care mentioned in subparagraph (i) has taken effect for the individual, resumes being in effect under subsection 80‑49(3) of this instrument; and\n (iii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and\n (b) resumes being in effect when the individual so notifies the System Governor; and\n (c) remains in effect in accordance with section 89 of the Act.\n Classification level resumes being in effect under section 80‑49—classification type short‑term for home modifications\n (5) A decision about an individual’s priority category for the classification type short‑term for the service group home modifications that has ceased to have effect under paragraph 89(1)(aa) of the Act:\n (a) resumes being in effect if:\n (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act ceased to have effect under paragraph 92A‑10(a) of this instrument because a classification level for the classification type ongoing for the service group residential care has taken effect for the individual; and\n (ii) a classification level for the classification type short‑term for the service group home modifications for the individual, that ceased being in effect because the classification level for the classification type ongoing for the service group residential care mentioned in subparagraph (i) has taken effect for the individual, resumes being in effect under subsection 80‑49(4) of this instrument; and\n (iii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and\n (b) resumes being in effect when the individual so notifies the System Governor; and\n (c) remains in effect in accordance with section 89 of the Act.\n\n1 Section 315‑10\n\nRepeal the section.\n\n2 After section 316‑5\n\nInsert:\n\n#### 317‑1 Laws and programs\n\n For the purposes of subparagraph 317(1)(b)(i) of the Act, the laws and programs are the following:\n (a) A New Tax System (Family Assistance) Act 1999;\n (b) A New Tax System (Family Assistance) (Administration) Act 1999;\n (c) Farm Household Support Act 2014;\n (d) MRC Act;\n (e) Paid Parental Leave Act 2010;\n (f) Safety, Rehabilitation and Compensation (Defence‑related claims) Act 1988;\n (g) Student Assistance Act 1973;\n (h) Veterans’ Entitlements Act;\n (i) the program specified in item 430.017 (F111 Payments) of Part 4 of Schedule 1AA to the Financial Framework (Supplementary Powers) Regulations 1997.\n\n3 Sections 317‑5 and 318‑10\n\nRepeal the sections.\n\n4 Subsection 324‑5(2)\n\nRepeal the subsection, substitute:\n\n Variation results in no change to, or a decreased, means tested amount\n (2) If the variation results in:\n (a) no change to the individual’s daily means tested amount; or\n (b) a decrease to the individual’s daily means tested amount;\n the day specified must be the day the event or change in circumstances occurred.\n\n5 Paragraph 324‑5(3)(a)\n\nRepeal the paragraph, substitute:\n\n (a) if the decision under subsection 324(1) of the Act to vary the income determination is made because the individual notified the System Governor of an event or change in the individual’s circumstances as required by section 336 of the Act, and the individual gave the notification within 28 days of the day the event or change in circumstances occurred—the day notice of the decision is given; or\n\n6 Subsection 325‑5 (heading)\n\nAfter “circumstances”, insert “by individual”.\n\n7 Subsections 331‑5(2) and (3)\n\nRepeal the subsections, substitute:\n\n Variation results in no change to, or a decreased, means tested amount\n (2) If the variation results in:\n (a) no change to the individual’s daily means tested amount; or\n (b) a decrease to the individual’s daily means tested amount;\n the day specified must be the day the event or change in circumstances occurred.\n Variation results in an increased means tested amount\n (3) If the variation results in an increase to the individual’s daily means tested amount, the day specified must be:\n (a) if the decision under subsection 331(1) of the Act to vary the asset determination is made because the individual notified the System Governor of an event or change in the individual’s circumstances as required by section 336 of the Act, and the individual gave the notification within 28 days of the day the event or change in circumstances occurred—the day notice of the decision is given; or\n (b) otherwise—28 days before the day notice of the decision under subsection 331(1) of the Act is given.\n\n8 Section 334‑5\n\nRepeal the section, substitute:\n\n#### 334‑1 Varying or revoking asset determination following notification of event or change in circumstances by registered provider—circumstances in which section 334 of the Act does not apply\n\n (1) For the purposes of paragraph 334(1A)(e) of the Act, the circumstances are that:\n (a) the event or change in circumstances of which the registered provider notified the System Governor under section 337 of the Act is:\n (i) the payment of a refundable deposit by the individual; or\n (ii) a change in the individual’s refundable deposit balance; and\n (b) subsection (2) of this section applies to the individual.\n (2) This subsection applies to the individual if:\n (a) the difference between the following is less than $10,000:\n (i) the amount of the individual’s refundable deposit balance included in the notice of the asset determination in force for the individual (see subsection 329(8) of the Act) or the most recent notice (if any) of a decision to vary the asset determination (see subsection 335(1) of the Act));\n (ii) the amount of the individual’s refundable deposit balance of which the registered provider notified the System Governor under section 337 of the Act; or\n (b) the individual has means not disclosed status; or\n (c) on a day on or after the day the registered provider made the notification:\n (i) the individual’s means tested care fee is zero under section 285A‑14 of this instrument; or\n (ii) the non‑clinical care contribution for the individual is zero under subsection 279(5) of the Act; or\n (d) the individual has died; or\n (e) the individual has ceased accessing funded aged care services in an approved residential care home, without starting to access funded aged care services in another approved residential care home; or\n (f) the System Governor has given the individual an initial notice under subsection 334(1) of the Act in relation to another event or a change in the individual’s circumstances and has not yet made a decision required by subsection 334(6) of the Act in relation to that event or change in circumstances.\n\n#### 334‑5 Period for varying or revoking asset determination—following notification of event or change in circumstances by registered provider\n\n For the purposes of paragraph 334(6)(b) of the Act, the period for making a decision under that paragraph is 28 days from:\n (a) if no submission is made in accordance with the invitation in the initial notice under subsection 334(1) of the Act or the further notice under subsection 334(2A) of the Act—the end of the period specified in the further notice (including that period as extended (if applicable) under subsection 334(5) of the Act); or\n (b) if a submission is made in accordance with the invitation in the initial notice under subsection 334(1) of the Act or the further notice (if any) under subsection 334(2A) of the Act, and no further information is requested under subsection 334(4) of the Act—the day the submission is made; or\n (c) if a submission is made in accordance with the invitation in the initial notice under subsection 334(1) of the Act or the further notice (if any) under subsection 334(2A) of the Act, and further information is requested under subsection 334(4) of the Act—the day the individual gives the System Governor the further information.\n\n9 After section 336‑5\n\nInsert:\n\n#### 337‑1 Notifications by registered providers—events and changes in circumstances and related information\n\n For the purposes of subsection 337(1A) of the Act, an event or change in an individual’s circumstances set out in an item of the following table, and the information relating to the event or change in the individual’s circumstances set out in that item, are prescribed.\n\n```html\n

Events and changes in circumstances and related information

Item

Event or change in circumstances

Information

1

The individual pays a refundable deposit

The amount paid

2

A change in the individual’s refundable deposit balance

The amount of the balance after the change

\n```\n\n10 Section 337‑5\n\nOmit “251” (wherever occurring), substitute “257”.","sortOrder":13},{"sectionNumber":"89‑5 Circumstances in which decisions re","sectionType":"section","heading":"89‑5 Circumstances in which decisions resume being in effect for a period","content":"#### 89‑5 Circumstances in which decisions resume being in effect for a period\n\n (1) For the purposes of subsection 89(2) of the Act, this section prescribes circumstances in which a decision under subsection 86(1) of the Act about an individual’s priority category for a classification type for a service group that has ceased to have effect under subsection 89(1) of the Act resumes being in effect for a period.\n Place allocated but taken to be withdrawn—service groups home support, assistive technology and home modifications\n (2) A decision about an individual’s priority category for a classification type for a service group that has ceased to have effect under paragraph 89(1)(a) or (aa) of the Act:\n (a) resumes being in effect, immediately after it ceased to have effect, if:\n (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act does not take effect and is taken to be withdrawn under subsection 92A(2) of the Act; and\n (ii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and\n (b) remains in effect in accordance with section 89 of the Act.\n Classification level resumes being in effect under section 80‑49—service group home support\n (3) A decision about an individual’s priority category for a classification type for the service group home support that has ceased to have effect under paragraph 89(1)(a) of the Act:\n (a) resumes being in effect if:\n (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act ceased to have effect under paragraph 92A‑10(a) of this instrument because a classification level for the classification type ongoing for the service group residential care has taken effect for the individual; and\n (ii) a classification level for a classification type for the service group home support for the individual, that ceased being in effect because the classification level for the classification type ongoing for the service group residential care mentioned in subparagraph (i) has taken effect for the individual, resumes being in effect under subsection 80‑49(1) of this instrument; and\n (iii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and\n (b) resumes being in effect when the individual so notifies the System Governor; and\n (c) remains in effect in accordance with section 89 of the Act.\n Classification level resumes being in effect under section 80‑49—classification type short‑term for service group assistive technology\n (4) A decision about an individual’s priority category for the classification type short‑term for the service group assistive technology that has ceased to have effect under paragraph 89(1)(aa) of the Act:\n (a) resumes being in effect if:\n (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act ceased to have effect under paragraph 92A‑10(a) of this instrument because a classification level for the classification type ongoing for the service group residential care has taken effect for the individual; and\n (ii) a classification level for the classification type short‑term for the service group assistive technology for the individual, that ceased being in effect because the classification level for the classification type ongoing for the service group residential care mentioned in subparagraph (i) has taken effect for the individual, resumes being in effect under subsection 80‑49(3) of this instrument; and\n (iii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and\n (b) resumes being in effect when the individual so notifies the System Governor; and\n (c) remains in effect in accordance with section 89 of the Act.\n Classification level resumes being in effect under section 80‑49—classification type short‑term for home modifications\n (5) A decision about an individual’s priority category for the classification type short‑term for the service group home modifications that has ceased to have effect under paragraph 89(1)(aa) of the Act:\n (a) resumes being in effect if:\n (i) the place allocated to the individual for the classification type for the service group under subsection 92(1) of the Act ceased to have effect under paragraph 92A‑10(a) of this instrument because a classification level for the classification type ongoing for the service group residential care has taken effect for the individual; and\n (ii) a classification level for the classification type short‑term for the service group home modifications for the individual, that ceased being in effect because the classification level for the classification type ongoing for the service group residential care mentioned in subparagraph (i) has taken effect for the individual, resumes being in effect under subsection 80‑49(4) of this instrument; and\n (iii) the individual notifies the System Governor that the individual needs the decision to resume being in effect; and\n (b) resumes being in effect when the individual so notifies the System Governor; and\n (c) remains in effect in accordance with section 89 of the Act.\n\n1 Section 315‑10\n\nRepeal the section.\n\n2 After section 316‑5\n\nInsert:","sortOrder":14},{"sectionNumber":"317‑1 Laws and programs","sectionType":"section","heading":"317‑1 Laws and programs","content":"#### 317‑1 Laws and programs\n\n For the purposes of subparagraph 317(1)(b)(i) of the Act, the laws and programs are the following:\n (a) A New Tax System (Family Assistance) Act 1999;\n (b) A New Tax System (Family Assistance) (Administration) Act 1999;\n (c) Farm Household Support Act 2014;\n (d) MRC Act;\n (e) Paid Parental Leave Act 2010;\n (f) Safety, Rehabilitation and Compensation (Defence‑related claims) Act 1988;\n (g) Student Assistance Act 1973;\n (h) Veterans’ Entitlements Act;\n (i) the program specified in item 430.017 (F111 Payments) of Part 4 of Schedule 1AA to the Financial Framework (Supplementary Powers) Regulations 1997.\n\n3 Sections 317‑5 and 318‑10\n\nRepeal the sections.\n\n4 Subsection 324‑5(2)\n\nRepeal the subsection, substitute:\n\n Variation results in no change to, or a decreased, means tested amount\n (2) If the variation results in:\n (a) no change to the individual’s daily means tested amount; or\n (b) a decrease to the individual’s daily means tested amount;\n the day specified must be the day the event or change in circumstances occurred.\n\n5 Paragraph 324‑5(3)(a)\n\nRepeal the paragraph, substitute:\n\n (a) if the decision under subsection 324(1) of the Act to vary the income determination is made because the individual notified the System Governor of an event or change in the individual’s circumstances as required by section 336 of the Act, and the individual gave the notification within 28 days of the day the event or change in circumstances occurred—the day notice of the decision is given; or\n\n6 Subsection 325‑5 (heading)\n\nAfter “circumstances”, insert “by individual”.\n\n7 Subsections 331‑5(2) and (3)\n\nRepeal the subsections, substitute:\n\n Variation results in no change to, or a decreased, means tested amount\n (2) If the variation results in:\n (a) no change to the individual’s daily means tested amount; or\n (b) a decrease to the individual’s daily means tested amount;\n the day specified must be the day the event or change in circumstances occurred.\n Variation results in an increased means tested amount\n (3) If the variation results in an increase to the individual’s daily means tested amount, the day specified must be:\n (a) if the decision under subsection 331(1) of the Act to vary the asset determination is made because the individual notified the System Governor of an event or change in the individual’s circumstances as required by section 336 of the Act, and the individual gave the notification within 28 days of the day the event or change in circumstances occurred—the day notice of the decision is given; or\n (b) otherwise—28 days before the day notice of the decision under subsection 331(1) of the Act is given.\n\n8 Section 334‑5\n\nRepeal the section, substitute:","sortOrder":15},{"sectionNumber":"334‑1 Varying or revoking asset determin","sectionType":"section","heading":"334‑1 Varying or revoking asset determination following notification of event or change in circumstances by registered provider—circumstances in which section 334 of the Act does not apply","content":"#### 334‑1 Varying or revoking asset determination following notification of event or change in circumstances by registered provider—circumstances in which section 334 of the Act does not apply\n\n (1) For the purposes of paragraph 334(1A)(e) of the Act, the circumstances are that:\n (a) the event or change in circumstances of which the registered provider notified the System Governor under section 337 of the Act is:\n (i) the payment of a refundable deposit by the individual; or\n (ii) a change in the individual’s refundable deposit balance; and\n (b) subsection (2) of this section applies to the individual.\n (2) This subsection applies to the individual if:\n (a) the difference between the following is less than $10,000:\n (i) the amount of the individual’s refundable deposit balance included in the notice of the asset determination in force for the individual (see subsection 329(8) of the Act) or the most recent notice (if any) of a decision to vary the asset determination (see subsection 335(1) of the Act));\n (ii) the amount of the individual’s refundable deposit balance of which the registered provider notified the System Governor under section 337 of the Act; or\n (b) the individual has means not disclosed status; or\n (c) on a day on or after the day the registered provider made the notification:\n (i) the individual’s means tested care fee is zero under section 285A‑14 of this instrument; or\n (ii) the non‑clinical care contribution for the individual is zero under subsection 279(5) of the Act; or\n (d) the individual has died; or\n (e) the individual has ceased accessing funded aged care services in an approved residential care home, without starting to access funded aged care services in another approved residential care home; or\n (f) the System Governor has given the individual an initial notice under subsection 334(1) of the Act in relation to another event or a change in the individual’s circumstances and has not yet made a decision required by subsection 334(6) of the Act in relation to that event or change in circumstances.","sortOrder":16},{"sectionNumber":"334‑5 Period for varying or revoking ass","sectionType":"section","heading":"334‑5 Period for varying or revoking asset determination—following notification of event or change in circumstances by registered provider","content":"#### 334‑5 Period for varying or revoking asset determination—following notification of event or change in circumstances by registered provider\n\n For the purposes of paragraph 334(6)(b) of the Act, the period for making a decision under that paragraph is 28 days from:\n (a) if no submission is made in accordance with the invitation in the initial notice under subsection 334(1) of the Act or the further notice under subsection 334(2A) of the Act—the end of the period specified in the further notice (including that period as extended (if applicable) under subsection 334(5) of the Act); or\n (b) if a submission is made in accordance with the invitation in the initial notice under subsection 334(1) of the Act or the further notice (if any) under subsection 334(2A) of the Act, and no further information is requested under subsection 334(4) of the Act—the day the submission is made; or\n (c) if a submission is made in accordance with the invitation in the initial notice under subsection 334(1) of the Act or the further notice (if any) under subsection 334(2A) of the Act, and further information is requested under subsection 334(4) of the Act—the day the individual gives the System Governor the further information.\n\n9 After section 336‑5\n\nInsert:","sortOrder":17},{"sectionNumber":"337‑1 Notifications by registered provid","sectionType":"section","heading":"337‑1 Notifications by registered providers—events and changes in circumstances and related information","content":"#### 337‑1 Notifications by registered providers—events and changes in circumstances and related information\n\n For the purposes of subsection 337(1A) of the Act, an event or change in an individual’s circumstances set out in an item of the following table, and the information relating to the event or change in the individual’s circumstances set out in that item, are prescribed.\n\n```html\n

Events and changes in circumstances and related information

Item

Event or change in circumstances

Information

1

The individual pays a refundable deposit

The amount paid

2

A change in the individual’s refundable deposit balance

The amount of the balance after the change

\n```\n\n10 Section 337‑5\n\nOmit “251” (wherever occurring), substitute “257”.","sortOrder":18}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":672},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: technical and operational modifications to the aged care system. While it expands the range of external programs that can trigger reassessments and adds new payment mechanisms, these are within the established framework of the Aged Care Act 2024 and do not represent scope creep beyond consequential and transitional provisions."},"complexity_factors":["Extensive cross-referencing between the Aged Care Act 2024, Aged Care Rules 2025, and multiple other Commonwealth statutes (Social Security Act, Veterans' Entitlements Act, etc.)","Nested conditional logic for when variations take effect — different rules for increases vs decreases, different service groups (home support, assistive technology, home modifications, residential care), and different classification types (ongoing vs short-term)","Multiple overlapping notification and decision-making pathways with specific timeframes (28-day minimum periods, quarterly timing, anniversary dates)","Duplicated and near-identical provisions across Schedules 1 and 2 with minor variations, creating parsing challenges","Defined terms and concepts requiring knowledge of the broader aged care framework: 'classification type', 'service group', 'means testing category', 'System Governor', 'relevant notional account'","Exception stacking: small balance changes (<$10,000), zero fee situations, death, and other circumstances that exempt from normal processes"],"plain_english_summary":"This bill makes technical changes to Australia’s aged care rules: providers can request advance subsidy payments if at risk of service disruption (with later claim reconciliation and recovery), and approved claim payments must be reduced for advances already made. Residential providers must also notify the System Governor about most changes to refundable deposits.\n\nFor care recipients, priority decisions can be reactivated instead of restarted, reassessments can use data from more government programs, and contribution rate timing rules are clarified—boosting provider stability and administrative flexibility."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This instrument expands the Act's operational scope beyond simple transitional amendments by: (1) creating a new statutory mechanism for advance subsidy payments to registered providers (Subdivision AA), which alters cash‑flow and fiscal exposure mechanics; (2) broadening automatic/required variation powers to allow the System Governor to vary individual contribution, income and asset determinations based on decisions or information from other laws, programs or agencies (ss317, 325A, 332A), increasing cross‑program integration; (3) imposing new notification obligations on residential care providers about refundable deposits and making recoverability rules for unclaimed advances (s337(1A); s514(4)); and (4) introducing detailed procedural protections and timeframes for individuals when asset determinations may be varied (s334 and Rules 334‑1, 334‑5). Those additions materially enlarge administrative discretion, financial mechanics and inter‑agency data flows relative to the Act's prior structure."},"complexity_factors":["Multiple insertions across the Aged Care Act 2024 and the Aged Care Rules 2025 (many cross‑references between Act and Rules).","New Subdivision AA with four new sections (253A–253D) introducing an advance payment regime and reconciliation rules.","Several core sections replaced or rewritten (s317, s334) and three parallel new sections added (s325A, s332A and s251(4A)).","Numerous conditional timing rules for when variations take effect depending on service group and classification type (different regimes for increases vs decreases).","Provider notification obligation added (s337(1A)) linked to a rules‑prescribed table (Rules 337‑1) — introduces external data/reporting requirements (refundable deposit amounts).","Detailed procedural steps for notices, submissions and decision periods with minimum 28‑day periods and a 28‑day decision window (Rules 334‑1 and 334‑5).","Several delegations to the Rules and to rule‑prescribed requirements (many operational details left to subordinate instruments).","Fiscal reconciliation and recovery mechanics with potential overpayment/recovery (s251(4A), s514(4), 253C) requiring estimates and adjustments.","Cross‑agency information dependencies (Centrelink, Medicare, Social Security Act references) requiring data sharing/coordination (s317(1A)).","Multiple small but consequential drafting changes (notes, removal of service‑group limits, cross‑reference edits) that complicate interpretation."],"plain_english_summary":"**What this instrument changes (mechanically)\n\n- Adds a new way for the Commonwealth to pay aged‑care subsidy money to registered providers in advance of the provider lodging the usual claim. (See Subdivision AA: sections 253A–253D inserted into Division 6, Part 2, Chapter 4 of the Aged Care Act 2024.)\n - Providers can request advance payment in an approved form (253B(1)).\n - The System Governor may approve whole or part payments if the payment is likely to mitigate a risk to the provider's financial viability that could disrupt service delivery, or if other rule‑prescribed circumstances apply (253B(2)).\n - The System Governor must estimate the amount to pay in advance using the same methodology that would apply to a normal claim, subject to rule requirements and deductions (253C(1)–(2)).\n - If an advance is paid, the provider remains obliged to lodge the normal claim afterwards; unpaid/uncalimed advances become recoverable amounts (253D; s514(4) addition).\n\n- Changes how some administrative financial determinations (individual contribution rates, income determinations, asset determinations) are varied when they become incorrect because of decisions or information from other laws, programs or agencies.\n - Rewrites section 317 (individual contribution rate variations) to trigger variations where decisions/actions under social security or other prescribed laws/programs, or where information held by the System Governor/Centrelink/Medicare, show the determination is no longer correct (see amended s317 and new rules listing these laws—Aged Care Rules 317‑1). The System Governor must vary within any rule‑prescribed period (317(2)).\n - Inserts parallel provisions for income determinations (new s325A) and asset determinations (new s332A), requiring variation where they are no longer correct for the same reasons and subject to rule requirements.\n - Sets different timing rules for when increases and decreases take effect depending on service group and classification type (e.g. home support ongoing: increase takes effect at start of day after end of quarter; assistive technology ongoing: at next anniversary of entry day; short‑term classifications: at next period of effect) (see amended ss317, 318 and Rules 324‑5, 331‑5, 318(5)/(5A)/(5B)).\n\n- Tightens the process when a registered provider notifies the System Governor about certain events or changes for a residential care resident (section 337 changes and new Rules 337‑1).\n - Registered providers delivering residential care to individuals with an ongoing classification must notify the System Governor of prescribed events/changes and specified information; the rules prescribe two notification items: payment of a refundable deposit and changes to refundable deposit balance (see new s337(1A) and Rules 337‑1 items 1–2).\n - Changes to section 334 require the System Governor to give the individual an initial notice and (if no response) a further notice; individuals have at least 28 days to make submissions; the System Governor must decide within the period specified in rules (see substituted s334 and Rules 334‑1, 334‑5).\n - There are explicit exceptions where section 334 does not apply, for example where the difference in refundable deposit balances is less than $10,000, the individual is 'means not disclosed', fees are zero, the individual has died or ceased accessing services, or another related notice is pending (Rules 334‑1(2)).\n\n- Small technical and cross‑reference amendments: e.g. amendments to wording in s89 to allow decisions that have ceased to be in effect to resume in circumstances prescribed by the rules (s89(2)); removal of a residential‑care‑only limitation in s92(4)(b); new notes to s250 referring to notional accounts and advance payments; adjustments to claims approval to account for advance payments (s251(4A); s250 note).\n\nWho it affects and who does what\n\n- Who pays: the Commonwealth continues to fund aged‑care subsidies, but this instrument creates a formal mechanism for the Commonwealth (via the System Governor) to make advance subsidy payments (Subdivision AA; ss253A–D).\n- Who decides: the System Governor has new discretions to approve advance payments, to vary determinations when information/decisions from other laws indicate they are incorrect, and to manage the notice/submission process for asset determinations (see ss253B, 253C, 317, 325A, 332A, 334).\n- Who must act: registered providers can request advance payments and must notify the System Governor of prescribed events for residential care residents (new s337(1A)/Rules 337‑1). Individuals (recipients) gain procedural protections when asset determinations may be varied (initial/further notices, chances to submit information, minimum 28‑day periods) (s334 and Rules 334‑1, 334‑5).\n\nWhy it matters (official purpose claims and practical implications)\n\n- Official purpose claims: the instrument implements system modification measures that, on their face, are designed to manage financial continuity of service providers (advance subsidy payments where a provider's viability is at risk) and to ensure determinations (contributions, income, assets) are accurate following action or information from other government programs (see ss253B, 317, 325A, 332A).\n\n- Practical implications and trade‑offs to bear in mind:\n - Fiscal and cashflow mechanics: advance payments give providers immediate cashflow support but create a Commonwealth exposure to over‑payments. The instrument requires later reconciliation (253C, 251(4A)) and makes unclaimed advances recoverable (s514(4)). Who bears timing mismatches between estimate and final claim depends on the adjustment/recovery process the System Governor applies.\n - Administrative burden and coordination: the System Governor must estimate subsidy amounts (253C), apply rule‑based requirements, and manage notices and submissions (s334). Centrally, the instrument increases data‑flows between aged care administration and other agencies (Centrelink, Medicare) and creates new notification duties for providers (s337(1A) and Rules 337‑1). Providers and officials will need operational systems to make requests, exchange data, reconcile payments and manage recoveries.\n - Discretion and criteria: approval of advance payments is discretionary (253B(2)). The statutory tests (e.g. 'likely to mitigate a risk to financial viability') and any rule‑prescribed circumstances delegate substantive judgment to the System Governor and to rule‑making. That concentrates decision‑making with the System Governor while leaving detailed criteria to subordinate instruments (the rules).\n - Incentives for providers: the availability of advance payments creates an incentive for providers to seek cashflow support when they face stress. The recoverable amount provision (s514(4)) and later claim reconciliation (s251(4A), 253C) are the fiscal checks; providers must still lodge ordinary claims after receiving advance payments (253D).\n - Effects on individuals: timing rules for when increases and decreases to contribution/income/asset determinations take effect differ by service group and classification type (amended ss317, 318, Rules 324‑5, 331‑5). Increases typically take effect from a later date (quarter end, next anniversary, or next classification period) while decreases generally take effect from the day the event/change occurred. Individuals receive procedural protections (initial/further notices, minimum 28‑day submission periods) before asset determinations are varied following provider notification (s334 and Rules 334‑1, 334‑5).\n - Complexity delegated to rules: the instrument frequently refers to requirements that the rules will prescribe (for example, specifics of amounts to estimate under 253C, time periods for variation under 317(2), and other qualifying circumstances). That means much of the detailed operational effect depends on rule drafting and on administrative practice.\n\nCosts, implementation risk and compliance burden (mechanisms, not judgments)\n\n- Compliance tasks for providers: preparing approved‑form requests for advance payments; notifying the System Governor about refundable deposit events/changes for relevant residential care residents; lodging normal claims after receiving any advance; maintaining records for reconciliation.\n- System Governor tasks: assessing requests for advance payments against viability tests, estimating subsidy amounts for payment and later adjustment, issuing initial/further notices to individuals, managing submissions and additional information requests, recovering unclaimed/overpaid amounts.\n- Implementation risks: estimation errors when paying in advance (over‑ or under‑payment), delays in providers lodging subsequent claims, data‑matching and privacy/attachments across agencies (Centrelink, Medicare), and the need for clear rule‑making to operationalise many open text directions in the instrument.\n\nSections of particular practical importance (quick guide)\n\n- Advance payments: Subdivision AA—sections 253A–253D (new)\n- Reconciliations/claim adjustments: s251(4A) (new), note to s250 (new), recoverable amounts s514(4) (new)\n- Automatic/required variations: amended s317 (individual contribution rate), new ss325A (income determination) and 332A (asset determination)\n- Provider notifications and asset decision process: new s337(1A); substituted s334 and Rules 334‑1, 334‑5; Rules 337‑1 (notification items)\n- When variations take effect: amended ss317/318 and Rules 324‑5, 331‑5\n\nOverall, the instrument creates a structured advance‑payment mechanism, expands and clarifies when and how determinations must be varied following external decisions or shared information, introduces specific notification duties for residential care providers relating to refundable deposits, strengthens procedural notices and response periods for individuals, and makes unclaimed advances recoverable.\n\n(References: Subdivision AA—253A–253D; s251(4A); s250 note; ss317, 325A, 332A; s334; s337(1A); Rules 317‑1, 337‑1, 334‑1, 334‑5; s514(4).)\n"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/aged-care-consequential-and-transitional-provisions-aged-care-system-modification-rules-2025","history":"/api/acts/aged-care-consequential-and-transitional-provisions-aged-care-system-modification-rules-2025/history","analysis":"/api/acts/aged-care-consequential-and-transitional-provisions-aged-care-system-modification-rules-2025/analysis","conflicts":"/api/acts/aged-care-consequential-and-transitional-provisions-aged-care-system-modification-rules-2025/conflicts","importantCases":"/api/acts/aged-care-consequential-and-transitional-provisions-aged-care-system-modification-rules-2025/important-cases","documents":"/api/acts/aged-care-consequential-and-transitional-provisions-aged-care-system-modification-rules-2025/documents"}}