Commonwealth legislation

Aged Care Act 1997 - Determination under subsection 44-30(5)(a) (ACA No. 2/1998)

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This Act has been repealed and is no longer in force. It is retained for historical reference.

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legislative instrument

Plain English Summary

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This determination sets the formulas for calculating financial hardship assistance for aged‑care residents who aren’t in the standard exemption classes, distinguishing pensioners (income support recipients) from non‑pensioners.

It defines a three‑step calculation: a Hardship Supplement [(Maximum Daily Rate + 15% of pension − Resident’s Income) ÷ 14], the Maximum Daily Rate (resident contribution plus allowed adjustments), and the Lesser Daily Amount (Maximum Daily Rate − Hardship Supplement). The supplement is capped by the applicable pensioner or non‑pensioner standard rate.

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Current sections

Direct links to the current provisions in Aged Care Act 1997 - Determination under subsection 44-30(5)(a) (ACA No. 2/1998).

Aged Care Act 1997 - Determination under subsection 44-30(5)(a) (ACA No. 2/1998)

(ACA No. 2/1998)

AGED CARE ACT 1997

Determination Under Subsection 44-30(5)(a)

I, WARWICK LESLIE SMITH, Minister for Family Services, acting under Section 44-30(5)(a) of the Aged Care Act 1997, DETERMINE with effect from 1 October 1997 that the formulae for calculating the Hardship Supplement and a lesser daily amount of fees for the people who are not members of eligible classes of people, specified in Section 21.37 of the Residential Care Subsidy Principles 1997, are:

Hardship Supplement = (Maximum Daily Rate + 15% pension - Income) / 14.

Maximum Daily Rate = standard contribution + compensation reduction + other amounts

(incl. accommodation charge under s23.83(2)(a) or (b) of the User
Rights Principles 1997.)

Lesser Daily Amount of Resident Fees under s44-31(2) = Maximum Daily Rate - Hardship Supplement.

The inclusion of amounts specified at 23.83(2)(a) or (b) of the User Rights Principles 1997 cease on Royal Assent of the Aged Care Amendment Bill 1998.

The maximum rates of hardship supplement for people who are not members of eligible classes of people then become:

The amount of standard non-pensioner resident contribution for a person who is not receiving income support payment under s58-3(1) of the Aged Care Act 1997; or

B. The amount of the standard pensioner contribution for a person who is receiving
income support payment under s58-41(1) of the Aged Care Act 1997.

Dated 28 day of May 1998

WARWICK SMITH

Minister for Family Services

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Aged Care Act 1997 - Determination under subsection 44-30(5)(a) (ACA No. 2/1998)