5NCIn care definitions

#### 5NC In care definitions (1) In this Act: > aged care resident has the meaning given by subsection (5). > in a care situation has the meaning given by subsection (2). > in respite care has the meaning given by subsection (8). > personally providing community-based care has the meaning given by subsection (4). > receiving community-based care has the meaning given by subsection (3). (2) A person is in a care situation if: (a) the person is residing in premises at which accommodation is provided exclusively or principally for people who have a mental disability; or (b) the person is a nursing-home type patient, within the meaning of the Health Insurance Act 1973, of a hospital; or (c) the person is in respite care; or (d) the person is receiving community-based care. (3) A person is receiving community-based care if, in the Commission’s opinion, the person needs, and has been receiving or is likely to receive, a substantial level of care in a private residence for at least 14 consecutive days. (4) A person is personally providing community-based care for another person if, in the Commission’s opinion: (a) the first-mentioned person is personally providing for the other person, in a private residence, a substantial level of care needed by the other person; and (b) has personally provided, or is likely to personally provide, that level of care for at least 14 consecutive days. (5) Subject to subsections (6) and (7), a person is an aged care resident for the purposes of this Act if: (a) the person: (i) is being provided with residential care through an aged care service conducted by an approved provider; and (ii) has been provided, or in the Commission’s opinion is likely to be provided, with residential care for at least 14 consecutive days; and (b) an approval for residential care or flexible care under Part 2.3 of the Aged Care Act 1997 is in force in respect of the person. (6) A person is taken not to be an aged care resident if the person is in respite care. (7) The Commission may determine, for the purposes of subsection (5), that a person is taken not to be an aged care resident on a day that occurs: (a) after the person in fact became an aged care resident; and (b) before the day occurring 15 days after the person in fact became an aged care resident; if the Commission is satisfied that, immediately before the day, the person was liable to pay rent. (8) A person is in respite care on a particular day if the person is eligible for a respite care supplement in respect of that day under section 44‑12 of the Aged Care Act 1997. (9) In this section, the following terms have the same meanings as in the Aged Care Act 1997: | aged care service | | ----------------- | | approved provider | | flexible care | | provide | | residential care | 72 Subsection 5Q(1) (definition of respite period) Repeal the definition. 73 After subsection 5R(6) Insert: > Note: For in respite care, see subsection 5NC(8). 74 Paragraph 5R(6)(b) Omit “has entered approved respite care”, substitute “is in respite care”. 75 Paragraph 5R(6)(c) Omit “has entered the approved respite care”, substitute “is in respite care”. 76 Subsection 5R(7) Omit “has entered approved respite care”, substitute “is in respite care”. 77 Subsection 5R(8) Repeal the subsection. 78 After paragraph 41-C2(a) Insert: (aa) the person is not an aged care resident; and 79 Point 41-C2 (before note 1) Insert: > Note 1A: For aged care resident, see subsection 5NC(5). 80 After paragraph 42-D2(a) Insert: (aa) the person is not an aged care resident; and 81 Point 42-D2 (before note 1) Insert: > Note 1A: For aged care resident, see subsection 5NC(5). 82 After paragraph 43-D2(a) Insert: (aa) the person is not an aged care resident; and 83 Point 43-D2 (before note 1) Insert: > Note 1A: For aged care resident, see subsection 5NC(5). 84 After paragraph 45X-D2(a) Insert: (aa) the person is not an aged care resident; and 85 Point 45X-D2 (before note 1) Insert: > Note 1A: For aged care resident, see subsection 5NC(5). 86 After paragraph 45Y-F2(a) Insert: (aa) the person is not an aged care resident; and 87 Point 45Y-F2 (before note 1) Insert: > Note 1A: For aged care resident, see subsection 5NC(5). 88 After subsection 52M(2) Insert: > Note: For residential care charge, see subsection 5N(1). 89 Application The amendments of the Veterans’ Entitlements Act 1986 made by this Part apply to instalments of pension paid after the day on which this Part commences. Part 3—Other amendments 90 Subsection 5H(8) After “income” (first occurring), insert “in relation to a person”. 91 After paragraph 5H(8)(n) Insert: (na) a payment of subsidy under Part 3.1 of the Aged Care Act 1997 made to an approved provider (within the meaning of that Act) in respect of care provided to the person; (nb) an accommodation bond balance (within the meaning of the Aged Care Act 1997) refunded to the person under that Act; 92 After subsection 5J(2B) Insert: (2C) To avoid doubt, neither an accommodation bond (within the meaning of the Aged Care Act 1997) nor an accommodation bond balance (within the meaning of that Act) is a financial investment for the purposes of this Act. 93 After subsection 5L(3A) Insert: (3B) For the purposes of this Act, an accommodation bond balance (within the meaning of the Aged Care Act 1997) in respect of an accommodation bond (within the meaning of that Act) paid by a person is taken to be an asset of the person. 94 Application The amendments of the Veterans’ Entitlements Act 1986 made by this Part apply in relation to an instalment of pension paid after the day on which the Aged Care Act 1997 commences. Schedule 5—Amendment and repeal of other Acts Aboriginal and Torres Strait Islander Commission Act 1989 1 At the end of paragraph 200(6)(b) Add “, or a residential care service within the meaning of the Aged Care Act 1997”. Aged Care Income Testing Act 1997 2 The whole of the Act Repeal the Act. Freedom of Information Act 1982 3 Schedule 3 Insert in the appropriate alphabetical position: | Aged Care Act 1997, subsection 86-2(1) and sections 86-5, 86-6 and 86-7. | | ------------------------------------------------------------------------ | Health and Other Services (Compensation) Act 1995 4 Subsection 3(1) (at the end of the definition of eligible benefit) Add: ; or (c) a residential care subsidy. 5 Subsection 3(1) Insert: > residential care has the same meaning as in the Aged Care Act 1997. 6 Subsection 3(1) Insert: > residential care subsidy has the same meaning as in the Aged Care Act 1997. 7 Paragraph 4(2)(d) After “care”, insert “or residential care”. 8 Division 2 of Part 2 (heading) Repeal the heading, substitute: