{"id":"F2008L00907","name":"Aged Care (Residential care subsidy - amount of charge exempt resident supplement) Determination 2008","slug":"aged-care-residential-care-subsidy-amount-of-charge-exempt-resident-supplement-determination-2008","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73011,"registerId":"commonwealth-F2008L00907-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Determination","content":"#### 1 Name of Determination\n\n  This Determination is the Aged Care (Residential care subsidy—amount of charge exempt resident supplement) Determination 2008","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Determination commences on 20 March 2008.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Revocation","content":"#### 3 Revocation\n\n  The Determination made by the Minister on 29 June 2007 (ACA Ch. 3 No. 8/2007) under paragraph 44‑8A(3)(b) of the Act is revoked.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this Determination:\n\n> accommodation supplement means an amount payable for a care recipient under subsection 44‑5A (3) of the Act.\n\n> Act means the Aged Care Act 1997.\n\n> applicable maximum rate has the meaning given by step 1 in section 4 of the Aged Care (Residential care subsidy—amount of accommodation supplement) Determination 2008.\n\n> concessional resident supplement means an amount payable for a care recipient under subsection 44‑6 (4) of the Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Amount of charge exempt resident supplement","content":"#### 5 Amount of charge exempt resident supplement\n\n  (1) For paragraph 44-8A(3)(b) of the Act, the charge exempt resident supplement for a day is:\n    (a) for a care recipient who is a pre-2008 reform resident – the maximum rate of concessional resident supplement less the actual amount of concessional resident supplement payable for the care recipient for the day; or\n    (b) for a care recipient who is on pre-entry leave—$0.00; or\n    (c) in any other case—the applicable maximum rate of accommodation supplement for the care recipient on the day less the actual amount of accommodation supplement payable for the care recipient for the day.\n  (2) For the purposes of paragraph 5(1)(b), a care recipient is on pre-entry leave in the circumstances described in subsection 42-3(3) of the Act.","sortOrder":4}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1877},"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination replaces the 2007 version but maintains the same narrow scope—specifying calculation methods for charge exempt resident supplements—without expanding into new policy areas."},"complexity_factors":["Cross-references to the Aged Care Act 1997 and a parallel 2008 Determination","Three distinct conditional categories with different calculation methods","Mathematical formulae requiring subtraction of actual subsidy rates from maximum rates","Technical defined terms including 'pre-2008 reform resident' and 'pre-entry leave'"],"plain_english_summary":"This instrument sets how much extra the Australian Government pays aged‑care providers when they look after residents who are exempt from means‑tested accommodation charges. It defines a supplement (a top‑up payment) so providers aren’t financially disadvantaged caring for low‑income or charge‑exempt residents, preserving access to care and the financial viability of places for vulnerable older Australians."}},"importantCases":[],"_links":{"self":"/api/acts/aged-care-residential-care-subsidy-amount-of-charge-exempt-resident-supplement-determination-2008","history":"/api/acts/aged-care-residential-care-subsidy-amount-of-charge-exempt-resident-supplement-determination-2008/history","analysis":"/api/acts/aged-care-residential-care-subsidy-amount-of-charge-exempt-resident-supplement-determination-2008/analysis","conflicts":"/api/acts/aged-care-residential-care-subsidy-amount-of-charge-exempt-resident-supplement-determination-2008/conflicts","importantCases":"/api/acts/aged-care-residential-care-subsidy-amount-of-charge-exempt-resident-supplement-determination-2008/important-cases","documents":"/api/acts/aged-care-residential-care-subsidy-amount-of-charge-exempt-resident-supplement-determination-2008/documents"}}