120Fee reduction supplement—residential care fee reduction supplement determinations

120 Fee reduction supplement—residential care fee reduction supplement determinations

(1) This section applies to an individual if: (a) immediately before the transition time, a determination (the old determination) is in force under any of the following provisions in relation to the individual: (i) section 44‑31 of the old Act; (ii) section 44‑31 of the old Transitional Provisions Act; (iii) section 52K‑1 of the old Act; (iv) section 57‑14 of the old Transitional Provisions Act; (v) section 57A‑9 of the old Transitional Provisions Act; or (b) after the transition time: (i) a determination (the old determination) is, because of the operation of item 20F of Schedule 2 to the CTP Act, made under section 44‑31 of the old Act in relation to the individual; or (ii) a determination (the old determination) is, because of the operation of section 108 of this instrument, made under section 44‑31 of the old Transitional Provisions Act in relation to the individual; or (iii) a determination (the old determination) is, because of the operation of section 131 of this instrument, made under section 52K‑1 of the old Act in relation to the individual; or (iv) a determination (the old determination) is, because of the operation of section 132 of this instrument, made under section 57‑14 of the old Transitional Provisions Act in relation to the individual; or (v) a determination (the old determination) is, because of the operation of section 133 of this instrument, made under section 57A‑9 of the old Transitional Provisions Act in relation to the individual. (2) The old determination continues in force until the earlier of the following: (a) the old determination ceases to be in force in accordance with the old law; (b) a determination made under section 231‑17 of the new rules for the individual takes effect. (3) Subsection 242B‑27(1) of the new rules applies as if paragraphs (e), (f), (g) and (h) of that subsection were omitted and substituted with the following: ‘(e) on the day, the individual has not gifted: (i) more than $10,000 in the previous 12 months; or (ii) more than $30,000 in the previous 5 years; and (f) on the day, an old determination within the meaning of section 120 of the Aged Care (Consequential and Transitional Provisions) Rules 2025 (the CTP Rules) is in force in relation to the individual.’ (4) Section 242B‑27 of the new rules applies as if subsections (3) to (6) of that section were omitted and substituted with the following: ‘Amount of transitional fee reduction supplement’ (3) The amount of the transitional fee reduction supplement for a day for an individual to whom the supplement applies under subsection (1) for the day is: (a) for an individual in the pre‑2014 residential contribution class in relation to whom an old determination within the meaning of subparagraph 120(1)(a)(ii) or (b)(ii) of the CTP Rules is in force—the amount of the hardship supplement for a day that applied to the individual under Division 2 of Part 5 of Chapter 3 of the Aged Care (Transitional Provisions) (Subsidy and Other Measures) Determination 2014 immediately before the transition time; or (b) for an individual in the post‑2014 residential contribution class in relation to whom an old determination within the meaning of subparagraph 120(1)(a)(i) or (b)(i) of the CTP Rules is in force—the amount of the hardship supplement for a day that applied to the individual under section 64ZQ of the Aged Care (Subsidy, Fees and Payments) Determination 2014 immediately before the transition time; or (c) for any other individual—zero. Reduction of fees (4) For an individual in the pre‑2014 residential contribution class, the transitional fee reduction supplement for the individual reduces (but not below zero) the following for the individual, in the following order: (a) transitional basic daily fee; (b) income tested fee. (5) For an individual in the post‑2014 residential contribution class, the transitional fee reduction supplement for the individual reduces (but not below zero) the following for the individual, in the following order: (a) transitional basic daily fee; (b) means tested care fee. Reduction of bonds and charges (6) For an individual in the pre‑2014 residential contribution class in relation to whom an old determination within the meaning of subparagraph 120(1)(a)(iv) or (v) or (b)(iv) or (v) of the CTP Rules is in force: (a) if the determination is that the individual must not be charged an accommodation bond or accommodation charge (as applicable)—the accommodation payment or accommodation contribution (as applicable) for the individual is reduced to zero; or (b) if the determination is that the individual must not be charged an accommodation bond or accommodation charge (as applicable) of more than a specified maximum amount—the accommodation payment or accommodation contribution (as applicable) for the individual is reduced to an amount not greater than the specified maximum amount. (7) For an individual in the post‑2014 residential contribution class in relation to whom an old determination within the meaning of subparagraph 120(1)(a)(iii) or (b)(iii) of the CTP Rules is in force, the accommodation payment or accommodation contribution (as applicable) for the individual is reduced to an amount not greater than the amount specified in the determination.’