{"id":"F2008L03514","name":"Aged Care (Residential care subsidy - amount of accommodation charge top-up supplement) Determination 2008 (No. 2) (ACA Ch. 3 No. 29/2008)","slug":"f2008l03514","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":335630,"registerId":"commonwealth-F2008L03514-current","compilationNumber":null,"startDate":"2026-04-08","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Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Determination","content":"#### 1 Name of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 accommodation charge top-up supplement) Determination 2008 (No. 2). This Determination may also be cited as ACA Ch. 3 No. 29/2008.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Determination commences on 20 September 2008.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Revocation","content":"#### 3 Revocation\n\n  The Aged Care (Residential care subsidy—amount of accommodation charge top-up supplement) Determination 2008 made by the Minister on 17 March 2008 under subsection 44-16 (3) of the Act is revoked.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this Determination:\n\n> Act means the Aged Care Act 1997.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Amount of accommodation charge top-up supplement","content":"#### 5 Amount of accommodation charge top-up supplement\n\n  (1) For subsection 44-16(3) of the Act, the amount of accommodation charge top-up supplement for a care recipient for a day is:\n  the maximum daily accommodation charge that would be payable by the care recipient if the care recipient was not receiving an income support payment on his or her date of entry, as calculated under section 57A-6 of the Act\n  minus\n  the maximum daily accommodation charge that is payable by a post-2008 reform resident who was receiving an income support payment on his or her date of entry, as specified under subsection 23.81P(6) of the User Rights Principles 1997\n  (2) However if:\n    (a) the amount worked out under subsection (1) is a negative amount; or\n    (b) the care recipient is on pre-entry leave;\n  the amount of accommodation charge top-up supplement is $0.00.\n  (3) For the purposes of this section, 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":3739},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Determination remains tightly focused on its original purpose: specifying the mathematical formula for calculating the accommodation charge top-up supplement. It does not expand beyond setting this specific monetary amount and its exceptions."},"complexity_factors":["Requires cross-referencing the Aged Care Act 1997 and User Rights Principles 1997 to determine the applicable accommodation charge rates","Formula-based calculation with conditional exceptions (negative results or pre-entry leave status result in zero payment)","Uses technical aged care terminology ('post-2008 reform resident', 'pre-entry leave') defined in external legislative instruments"],"plain_english_summary":"This Determination sets the daily dollar amount of the accommodation charge top‑up supplement paid to residential aged care providers. It equalises funding by paying the difference between the accommodation charge a resident would pay if not receiving a pension and the lower charge payable by a pensioner. The supplement is zero if the difference is negative or the person is approved but has not yet moved in (pre‑entry leave). It affects providers and residents who entered care after the 2008 reforms."}},"importantCases":[],"_links":{"self":"/api/acts/f2008l03514","history":"/api/acts/f2008l03514/history","analysis":"/api/acts/f2008l03514/analysis","conflicts":"/api/acts/f2008l03514/conflicts","importantCases":"/api/acts/f2008l03514/important-cases","documents":"/api/acts/f2008l03514/documents"}}