85‑4 Reconsidering reviewable decisions85‑4 Reconsidering reviewable decisions

#### 85‑4 Reconsidering reviewable decisions 199 Subsection 85‑4(1) After “\*reviewable decision”, insert “(other than a reviewable decision under Division 35 or section 52G‑4)”. 200 After subsection 85‑4(1) Insert: (1A) The \*Aged Care Pricing Commissioner may reconsider a \*reviewable decision under Division 35 or section 52G‑4 if the Aged Care Pricing Commissioner is satisfied that there is sufficient reason to reconsider the decision. 201 Subsection 85‑4(3) After “Secretary”, insert “or the \*Aged Care Pricing Commissioner”. 202 Subsection 85‑4(4) After “Secretary”, insert “or the \*Aged Care Pricing Commissioner”. 203 Subsection 85‑4(5) Omit “The Secretary’s decision”, substitute “The decision of the Secretary or the \*Aged Care Pricing Commissioner”. 204 Subsection 85‑4(6) After “Secretary”, insert “or the \*Aged Care Pricing Commissioner”. 205 Subsection 85‑5(1) After “\*reviewable decision”, insert “(other than a reviewable decision under Division 35 or section 52G‑4)”. 206 After subsection 85‑5(1) Insert: (1A) A person whose interests are affected by a \*reviewable decision under Division 35 or section 52G‑4 may request the \*Aged Care Pricing Commissioner to reconsider the decision. 207 Subsection 85‑5(3) Repeal the subsection, substitute: (3) The person’s request must be made by written notice: (a) for a request that relates to a reviewable decision other than a reviewable decision under Division 35 or section 52G‑4—given to the Secretary: (i) within 28 days, or such longer period as the Secretary allows, after the day on which the person first received notice of the decision; or (ii) if the decision is a decision under section 44‑24 to make a determination under subsection 44‑24(1) or paragraph 44‑24(2)(b), (3)(b) or (4)(b)—within 90 days, or such longer period as the Secretary allows, after the day on which the person first received notice of the decision; or (b) for a request that relates to a reviewable decision under Division 35 or section 52G‑4—given to the \*Aged Care Pricing Commissioner within 28 days, or such longer period as the Aged Care Pricing Commissioner allows, after the day on which the person first received notice of the decision. 208 Subsection 85‑5(5) After “Secretary”, insert “or the \*Aged Care Pricing Commissioner”. 209 Subsection 85‑5(6) Omit “The Secretary’s decision”, substitute “The decision of the Secretary or the \*Aged Care Pricing Commissioner”. 210 Subsection 85‑5(7) After “Secretary” (wherever occurring), insert “or the \*Aged Care Pricing Commissioner”. 211 Subsection 85‑5(8) After “Secretary” (wherever occurring), insert “or the \*Aged Care Pricing Commissioner”. 212 Subsection 85‑5(8) Omit “Secretary’s”. 213 Paragraph 86‑1(a) After “this Act”, insert “or the Aged Care (Transitional Provisions) Act 1997”. 214 At the end of paragraph 86‑2(1)(c) Add “or the Aged Care (Transitional Provisions) Act 1997”. 215 Paragraph 86‑2(2)(a) Repeal the paragraph, substitute: (a) conduct that is carried out in the performance of a function or duty under this Act or the Aged Care (Transitional Provisions) Act 1997 or the exercise of a power under, or in relation to, this Act or the Aged Care (Transitional Provisions) Act 1997; or 216 Paragraph 86‑9(1)(e) After “including”, insert “\*accommodation payments, \*accommodation contributions,”. 217 At the end of paragraph 86‑9(1)(h) Add “or the Aged Care (Transitional Provisions) Act 1997”. 218 Subparagraph 88‑1(1)(a)(i) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 219 Paragraph 88‑1(5)(b) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 220 Paragraph 88‑3(2)(c) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 221 Paragraph 90‑4(3)(d) Repeal the paragraph, substitute: (d) whether claims for payments under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 or other payments under this Act or the Aged Care (Transitional Provisions) Act 1997 have been properly made; 222 Paragraph 91‑1(2)(b) Repeal the paragraph, substitute: (b) assessing whether an approved provider’s claims for payments under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 or other payments under this Act or the Aged Care (Transitional Provisions) Act 1997 have been properly made; 223 At the end of paragraph 91‑1(2)(f) Add “or the Aged Care (Transitional Provisions) Act 1997”. 224 Paragraph 92‑1(b) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 225 Paragraph 92‑2(2)(b) Repeal the paragraph, substitute: (b) assessing whether an approved provider’s claims for payments under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 or other payments under this Act or the Aged Care (Transitional Provisions) Act 1997 have been properly made; 226 Paragraph 93‑1(2)(b) Repeal the paragraph, substitute: (b) assessing whether an approved provider’s claims for payments under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 or other payments under this Act or the Aged Care (Transitional Provisions) Act 1997 have been properly made; 227 At the end of paragraph 93‑1(2)(f) Add “or the Aged Care (Transitional Provisions) Act 1997”. 228 Paragraph 93‑1(3)(b) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 229 Subparagraph 93‑1(4)(b)(ii) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 230 Paragraph 93‑4(2)(b) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 231 Subparagraph 93‑4(3)(b)(ii) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 232 Subsection 95‑1(1) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 233 At the end of section 95‑3 Add “or the Aged Care (Transitional Provisions) Act 1997”. 234 At the end of section 95‑4 Add “or the Aged Care (Transitional Provisions) Act 1997”. 235 Section 96‑1 (table items 3, 12 and 13) Repeal the items. 236 Section 96‑1 (table item 15) Repeal the item, substitute: | 15 | Grant Principles | Parts 5.1, 5.5, 5.6 and 5.7 | | --- | ---------------- | --------------------------- | 237 Section 96‑1 (table items 17, 20 and 21) Repeal the items. 238 Section 96‑1 (after table item 22) Insert: | 22A | Subsidy Principles | Parts 3.1, 3.2 and 3.3 | | --- | ------------------ | ---------------------- | 239 Subsection 96‑2(2A) Omit “44‑8AA and 44‑8AB”, substitute “44‑26C”. 240 Subsection 96‑2(2A) (note) Repeal the note, substitute: > Note: The Secretary’s powers under section 44‑26C relate to determinations of the value of persons’ assets. 241 Subsection 96‑2(3) (note) Repeal the note, substitute: > Note: The calculation of a care recipient’s total assessable income is relevant to working out amounts of subsidies, fees and payments. 242 Paragraph 96‑2(3A)(c) Repeal the paragraph. 243 Paragraph 96‑2(3A)(d) Omit “44‑8AA(1)”, substitute “44‑26C(1)”. 244 Paragraph 96‑2(3A)(e) Omit “44‑8AB”, substitute “44‑26A”. 245 Paragraph 96‑2(5)(b) Omit “Residential Care”. 246 Subsection 96‑3(1) After “this Act”, insert “and the Aged Care (Transitional Provisions) Act 1997”. 247 Section 96‑5 (note) Omit “\*accommodation bond agreements, \*accommodation charge agreements”, substitute “accommodation agreements”. 248 Subsection 96‑10(1) Omit “subsidies payable under Chapter 3, and amounts payable under subsection 44‑8A(6),”, substitute “\*subsidies”. 249 Clause 1 of Schedule 1 Insert: > accommodation agreement means an agreement that meets the requirements set out in section 52F‑3. 250 Clause 1 of Schedule 1 (at the end of the definition of accommodation bond) Add: > Note: This Act contains rules about accommodation bonds, which are paid under the Aged Care (Transitional Provisions) Act 1997. 251 Clause 1 of Schedule 1 (definition of accommodation bond agreement) Repeal the definition. 252 Clause 1 of Schedule 1 (paragraph (b) of the definition of accommodation bond balance) Omit “section 57‑19”, substitute “this Act or the Aged Care (Transitional Provisions) Act 1997”. 253 Clause 1 of Schedule 1 (at the end of the definition of accommodation charge) Add: > Note: This Act contains rules about accommodation charges, which are paid under the Aged Care (Transitional Provisions) Act 1997. 254 Clause 1 of Schedule 1 (definition of accommodation charge agreement) Repeal the definition. 255 Clause 1 of Schedule 1 Insert: > accommodation contribution means a contribution paid for accommodation provided with residential care. > accommodation payment means payment for accommodation provided with residential care or flexible care. > accommodation supplement means the supplement referred to in section 44‑28. 256 Clause 1 of Schedule 1 (definition of assisted resident) Repeal the definition. 257 Clause 1 of Schedule 1 (definition of charge exempt resident) Repeal the definition. 258 Clause 1 of Schedule 1 (definition of close relation) Omit “44‑11”, substitute “44‑26B”. 259 Clause 1 of Schedule 1 Insert: > combined care subsidy reduction means a care subsidy reduction under section 44‑21 or 48‑7. 260 Clause 1 of Schedule 1 (definition of concessional resident) Repeal the definition. 261 Clause 1 of Schedule 1 Insert: > continuing care recipient means: (a) a \*continuing residential care recipient; or (b) a \*continuing home care recipient; or (c) a \*continuing flexible care recipient. > continuing flexible care recipient means a person who: (a) \*entered a flexible care service before 1 July 2014; and (b) has not: (i) ceased to be provided with flexible care by a flexible care service for a continuous period of more than 28 days (other than because the person is on \*leave); or (ii) before moving to another flexible care service, made a written choice, in accordance with the Fees and Payments Principles, to be covered by Chapters 3 and 3A of this Act in relation to the other service. > continuing home care recipient means a person who: (a) \*entered a home care service before 1 July 2014; and (b) has not: (i) ceased to be provided with home care by a home care service for a continuous period of more than 28 days (other than because the person is on \*leave); or (ii) before moving to another home care service, made a written choice, in accordance with the Fees and Payments Principles, to be covered by Chapters 3 and 3A of this Act in relation to the other service. > continuing residential care recipient means a person who: (a) \*entered a residential care service before 1 July 2014; and (b) has not: (i) ceased to be provided with residential care by a residential care service for a continuous period of more than 28 days (other than because the person is on \*leave); or (ii) before moving to another residential care service, made a written choice, in accordance with the Fees and Payments Principles, to be covered by Chapters 3 and 3A of this Act in relation to the other service. 262 Clause 1 of Schedule 1 Insert: > daily accommodation contribution means \*accommodation contribution that: (a) accrues daily; and (b) is paid by periodic payment. > daily accommodation payment means \*accommodation payment that: (a) accrues daily; and (b) is paid by periodic payment. 263 Clause 1 of Schedule 1 (definition of daily income tested reduction) Repeal the definition. 264 Clause 1 of Schedule 1 Insert: > daily payment means: (a) \*daily accommodation payment; or (b) \*daily accommodation contribution. 265 Clause 1 of Schedule 1 (definition of dependent child) Omit “44‑11”, substitute “44‑26B”. 266 Clause 1 of Schedule 1 Insert: > eligible flexible care service has the meaning given by subsection 52F‑1(2). 267 Clause 1 of Schedule 1 (definition of high level of residential care) Repeal the definition. 268 Clause 1 of Schedule 1 (definition of homeowner) Omit “44‑11”, substitute “44‑26B”. 269 Clause 1 of Schedule 1 (definition of low level of residential care) Repeal the definition. 270 Clause 1 of Schedule 1 Insert: > maximum accommodation supplement amount has the meaning given by subsection 44‑21(6). 271 Clause 1 of Schedule 1 Insert: > maximum home value has the meaning given by section 44‑26B. 272 Clause 1 of Schedule 1 Insert: > means tested amount has the meaning given by section 44‑22. 273 Clause 1 of Schedule 1 (definition of member of a couple) Omit “44‑11”, substitute “44‑26B”. 274 Clause 1 of Schedule 1 (definition of partner) Omit “44‑11”, substitute “44‑26B”. 275 Clause 1 of Schedule 1 (definition of pensioner supplement) Repeal the definition. 276 Clause 1 of Schedule 1 (definition of permitted) After “use of”, insert, “a \*refundable deposit or”. 277 Clause 1 of Schedule 1 (definition of permitted) Omit “57‑17A”, substitute, “52N‑1”. 278 Clause 1 of Schedule 1 (definition of post‑2008 reform resident) Repeal the definition. 279 Clause 1 of Schedule 1 (definition of post‑September 2009 resident) Repeal the definition. 280 Clause 1 of Schedule 1 (definition of pre‑2008 reform resident) Repeal the definition. 281 Clause 1 of Schedule 1 (definition of pre‑entry leave) Omit “section 44‑5E”, substitute “subsection 42‑3(3)”. 282 Clause 1 of Schedule 1 (definition of pre‑September 2009 resident) Repeal the definition. 283 Clause 1 of Schedule 1 (definition of protected resident) Repeal the definition. 284 Clause 1 of Schedule 1 Insert: > refundable accommodation contribution means \*accommodation contribution that: (a) does not accrue daily; and (b) is paid as a lump sum. > refundable accommodation deposit means \*accommodation payment that: (a) does not accrue daily; and (b) is paid as a lump sum. > refundable deposit means: (a) a \*refundable accommodation deposit; or (b) a \*refundable accommodation contribution. > refundable deposit balance, in relation to a \*refundable deposit is, at a particular time, an amount equal to the difference between: (a) the amount of the refundable deposit; and (b) any amounts that have been, or are permitted to be, deducted at the time from the refundable deposit under this Act as at that time. 285 Clause 1 of Schedule 1 (definition of standard resident contribution) Repeal the definition. 286 Clause 1 of Schedule 1 Insert: > start‑date year, for a care recipient, means a year beginning on: (a) the day on which the care recipient first \*entered an aged care service other than as a \*continuing care recipient; or (b) an anniversary of that day. > subsidy means subsidy paid under Chapter 3 of this Act or under Chapter 3 of the Aged Care (Transitional Provisions) Act 1997. 287 Clause 1 of Schedule 1 (definition of supported resident) Repeal the definition. 288 Clause 1 of Schedule 1 (definition of unregulated lump sum) Omit “Bond Security”, substitute “Accommodation Payment Security”. 289 Clause 1 of Schedule 1 (definition of unregulated lump sum balance) Omit “Bond Security”, substitute “Accommodation Payment Security”. Part 2—Transitional and savings provisions 290 Definitions In this Part: commencement time means the time when this Schedule commences. old law means the Aged Care Act 1997 as in force immediately before the commencement time. 291 Approval of care recipients limited to low care An approval to receive residential care that was: (a) limited to a low level of residential care; and (b) given under Part 2.3 of the old law; and (c) in force immediately before the commencement time; is taken, after the commencement time, to have been given without being limited to a low level of residential care. 292 Determining the status of residential care service buildings A provision of the Subsidy Principles has effect before it commences as if it had commenced if the provision: (a) is made for the purposes of section 44‑28 of the Aged Care Act 1997 as amended by item 125 of this Schedule; and (b) relates to determining, or applying for the determination of, the status of a building. Schedule 4—Amendments of other Acts Part 1—Amendments commencing on 1 August 2013 A New Tax System (Goods and Services Tax) Act 1999 1 Section 38‑30 (heading) Omit “Community”, substitute “Home”. 2 Subsection 38‑30(1) Omit “\*community care is GST‑free if community care”, substitute “\*home care is GST‑free if home care”. 3 Subsection 38‑30(3) Omit “\*community care”, substitute “\*home care”. 4 Section 195‑1 (definition of community care) Repeal the definition. 5 Section 195‑1 Insert: > home care has the meaning given by section 45‑3 of the Aged Care Act 1997. National Disability Insurance Scheme Act 2013 5A Section 9 (definition of community care) Repeal the definition. 5B Section 9 Insert: > home care has the same meaning as in the Aged Care Act 1997. 5C Paragraph 29(1)(b) Omit “community”, substitute “home”. 5D Subsection 29(1) (note) Omit “community”, substitute “home”. Part 2—Amendments commencing on 1 July 2014 A New Tax System (Goods and Services Tax) Act 1999 6 Subsection 38‑30(1) Omit “Part 3‑2 of the Aged Care Act 1997”, substitute “Part 3.2 of the Aged Care Act 1997 or Part 3.2 of the Aged Care (Transitional Provisions) Act 1997”. 7 Section 38‑35 After “that Act”, insert “or Part 3.3 of the Aged Care (Transitional Provisions) Act 1997”. Health and Other Services (Compensation) Act 1995 8 Subsection 3(1) (definition of residential care subsidy) Repeal the definition, substitute: > residential care subsidy has the same meaning as in: (a) in relation to residential care under the Aged Care Act 1997—the Aged Care Act 1997; and (b) in relation to residential care under the Aged Care (Transitional Provisions) Act 1997—the Aged Care (Transitional Provisions) Act 1997. 9 Subsection 9(2A) After “1997”, insert “and Part 3.1 of the Aged Care (Transitional Provisions) Act 1997”. 10 Paragraph 42(1)(f) Repeal the paragraph, substitute: (f) whether the Secretary should make a determination under: (i) subsection 44‑20(5) or (6) or 48‑5(5) or (6) of the Aged Care Act 1997; or (ii) subsection 44‑20(5) or (6) of the Aged Care (Transitional Provisions) Act 1997. Human Services (Medicare) Act 1973 11 After subparagraph 41G(a)(iv) Insert: (iva) the Aged Care (Transitional Provisions) Act 1997; or Social Security Act 1991 12 Subsection 4(9) Omit all the words after “the person is”, substitute: eligible for: (a) a respite supplement in respect of that day under the Subsidy Principles made for the purposes of subparagraph 44‑5(1)(a)(i) of the Aged Care Act 1997; or (b) a respite care supplement in respect of that day under section 44‑12 of the Aged Care (Transitional Provisions) Act 1997. 13 At the end of paragraph 8(8)(zna) Add: Note 1: For rent, see subsection 13(2). Note 2: Under subsections 11A(8) and (9), the principal home of a person in a care situation may be a place other than the place where the person receives care. 14 After paragraph 8(8)(zna) Insert: (znaa) while a person is liable to pay all or some of a daily accommodation payment or a daily accommodation contribution—any rent from the person’s principal home that the person, or the person’s partner, earns, derives or receives from another person; Note 1: For rent, see subsection 13(2). Note 2: Under subsections 11A(8) and (9), the principal home of a person in a care situation may be a place other than the place where the person receives care. 15 Subsection 9(1D) Repeal the subsection, substitute: (1D) To avoid doubt, none of the following is a financial investment for the purposes of this Act: (a) an accommodation bond; (b) an accommodation bond balance; (c) a refundable deposit; (d) a refundable deposit balance. 16 Subsection 11(1) (definition of charge exempt resident) After “Care”, insert “(Transitional Provisions)”. 17 Subsection 11(1) Insert: > daily accommodation contribution has the same meaning as in the Aged Care Act 1997. > daily accommodation payment has the same meaning as in the Aged Care Act 1997. 18 Subsection 11(1) Insert: > refundable deposit has the same meaning as in the Aged Care Act 1997. > refundable deposit balance has the same meaning as in the Aged Care Act 1997. 19 After subsection 11(3A) Insert: (3AA) To avoid doubt, a refundable deposit balance in respect of a refundable deposit paid by a person is taken to be an asset of the person. 20 Paragraph 11A(8)(a) (note 2) After “Care”, insert “(Transitional Provisions)”. 21 After paragraph 11A(8)(b) Insert: (ba) if the Secretary is satisfied that the residence was previously the person’s principal home but that the person left it for the purpose of going into a care situation—any period during which: (i) the person is liable to pay all or some of a daily accommodation payment or a daily accommodation contribution (or would be so liable to do so, assuming that no sanctions under Part 4.4 of the Aged Care Act 1997 were currently being imposed on the provider of the care concerned); and (ii) the person, or the person’s partner, is earning, deriving or receiving rent for the residence from another person; and 22 Paragraph 11A(8)(c) Omit “or (b)”, substitute “, (b) or (ba)”. 23 Paragraph 1099E(1)(b) After “Care”, insert “(Transitional Provisions)”. 24 Subsection 1099J(1) After “1997”, insert “(as in force before 1 July 2014)”. 25 Subsection 1099J(2) Omit “that Act”, substitute “the Aged Care (Transitional Provisions) Act 1997”. 26 At the end of subsection 1118(1) Add: ; (v) the amount of any refundable deposit balance in respect of a refundable deposit paid by the person. Social Security (Administration) Act 1999 27 At the end of paragraph 126(1)(e) Add “or”. 28 After paragraph 126(1)(e) Insert: (f) a decision under section 44‑24 of the Aged Care (Transitional Provisions) Act 1997 by the Secretary or by a person to whom the Secretary has sub‑delegated power under subsection 96‑2(7) of that Act; 29 At the end of paragraph 129(1)(e) Add “or”. 30 After paragraph 129(1)(e) Insert: (f) a decision under section 44‑24 of the Aged Care (Transitional Provisions) Act 1997 by the Secretary or by a person to whom the Secretary has sub‑delegated power under subsection 96‑2(7) of that Act; 31 At the end of subsection 140(1) Add: ; and (g) all decisions under section 44‑24 of the Aged Care (Transitional Provisions) Act 1997 by the Secretary or by a person to whom the Secretary has sub‑delegated power under subsection 96‑2(7) of that Act. 32 At the end of subsection 178(1) Add: ; and (c) all decisions under section 44‑24 of the Aged Care (Transitional Provisions) Act 1997 by the Secretary or by a person to whom the Secretary has sub‑delegated power under subsection 96‑2(7) of that Act. Veterans’ Entitlements Act 1986 33 Section 5 (index) Insert: | accommodation bond balance | 5L(1) | | -------------------------- | ----- | 34 Section 5 (index) Insert: | daily accommodation contribution | 5L(1) | | -------------------------------- | ----- | | daily accommodation payment | 5L(1) | 35 Section 5 (index) Insert: | refundable deposit | 5L(1) | | -------------------------- | ----- | | refundable deposit balance | 5L(1) | 36 Paragraph 5H(8)(na) Repeal the paragraph, substitute: (na) a payment of subsidy under Part 3.1 of the Aged Care Act 1997 or Part 3.1 of the Aged Care (Transitional Provisions) Act 1997 made to an approved provider (within the meaning of those Acts) in respect of care provided to the person; 37 After paragraph 5H(8)(nd) Insert: (ne) a refundable deposit balance refunded to the person under the Aged Care Act 1997; (nf) while a person is liable to pay a daily accommodation payment or a daily accommodation contribution—any rent from the person’s principal home that the person, or the person’s partner, earns, derives or receives from another person; Note 1: For rent, see subsection 5N(2). Note 2: Under subsections 5LA(8) and (9), the principal home of a person in a care situation may be a place other than the place where the person receives care. 38 Subsection 5J(2C) Repeal the subsection, substitute: (2C) To avoid doubt, none of the following is a financial investment for the purposes of this Act: (a) an accommodation bond; (b) an accommodation bond balance; (c) a refundable deposit; (d) a refundable deposit balance. > Note: These expressions are defined in section 5L. 39 Subsection 5L(1) Insert: > accommodation bond balance has the same meaning as in the Aged Care Act 1997. 40 Subsection 5L(1) Insert: > daily accommodation contribution has the same meaning as in the Aged Care Act 1997. > daily accommodation payment has the same meaning as in the Aged Care Act 1997. 41 Subsection 5L(1) Insert: > refundable deposit has the same meaning as in the Aged Care Act 1997. > refundable deposit balance has the same meaning as in the Aged Care Act 1997. 42 After subsection 5L(3B) Insert: (3BA) To avoid doubt, a refundable deposit balance (within the meaning of the Aged Care Act 1997) in respect of a refundable deposit (within the meaning of that Act: see subsection (1) of this section) paid by a person is taken to be an asset of the person. 43 After paragraph 5LA(8)(b) Insert: (ba) if the Commission is satisfied that the residence was previously the person’s principal home but that the person left it for the purpose of going into a care situation or becoming an aged care resident—any period during which: (i) the person is liable to pay all or some of a daily accommodation payment or a daily accommodation contribution (or would be liable to do so, assuming that no sanctions under Part 4.4 of the Aged Care Act 1997 were currently being imposed on the provider of the care concerned); and (ii) the person, or the person’s partner, is earning, deriving or receiving rent for the residence from another person; and 44 Paragraph 5LA(8)(c) Omit “or (b)”, substitute “, (b) or (ba)”. 45 Subsection 5LA(8) (note 4) After “Care”, insert “(Transitional Provisions)”. 46 Subsection 5NC(8) Omit all the words after “the person is”, substitute: eligible for: (a) a respite supplement in respect of that day under the Subsidy Principles made for the purposes of subparagraph 44‑5(1)(a)(i) of the Aged Care Act 1997; or (b) a respite care supplement in respect of that day under section 44‑12 of the Aged Care (Transitional Provisions) Act 1997. 47 After paragraph 52(1)(p) Insert: (pa) the amount of any refundable deposit balance in respect of a refundable deposit paid by the person; 48 Paragraph 13(1)(b) of Schedule 5 After “Care”, insert “(Transitional Provisions)”. 49 Subclause 13(1) of Schedule 5 (note) Repeal the note, substitute: > Note 1: Accommodation bond and accommodation charge have the same meanings as in the Aged Care Act 1997: see subsection 5L(1) of this Act. > Note 2: Charge exempt resident has the same meaning as in the Aged Care (Transitional Provisions) Act 1997: see clause 17 of this Schedule. 50 Paragraph 13(2)(b) of Schedule 5 After “Care”, insert “(Transitional Provisions)”. 51 Subclause 13(2) of Schedule 5 (note) Repeal the note, substitute: > Note 1: Accommodation bond and accommodation charge have the same meanings as in the Aged Care Act 1997: see subsection 5L(1) of this Act. > Note 2: Charge exempt resident has the same meaning as in the Aged Care (Transitional Provisions) Act 1997: see clause 17 of this Schedule. 52 Part 2A of Schedule 5 (heading) Omit “Aged Care Act 1997”, substitute “Aged Care (Transitional Provisions) Act 1997”. 53 Clause 17 of Schedule 5 (definition of charge exempt resident) After “Care”, insert “(Transitional Provisions)”. 54 Subclause 17B(1) of Schedule 5 After “the Aged Care Act 1997”, insert “(as in force before 1 July 2014)”. 55 Subclause 17B(2) of Schedule 5 Omit “that Act”, substitute “the Aged Care (Transitional Provisions) Act 1997”. Schedule 5—Aged Care (Transitional Provisions) Act 1997 Part 1—Enactment 1 Enactment of the Aged Care (Transitional Provisions) Act 1997 (1) Without limiting the effect of the Aged Care Act 1997 apart from this item, that Act, as in force immediately before the commencement of this item, is re‑enacted as the Aged Care (Transitional Provisions) Act 1997. Note: This item creates a second version of the Aged Care Act 1997. This second version will be amended by Part 2 of this Schedule, and will continue in force provisions relating to subsidies, fees and payments for care recipients who were receiving care on 30 June 2014. (2) For the purposes of subparagraph 40(1A)(a)(ii) of the Acts Interpretation Act 1901, the secular year in which the Aged Care (Transitional Provisions) Act 1997 was passed is taken to be 1997 and its number is taken to be 223. Note: This means that the Aged Care (Transitional Provisions) Act 1997 may be cited as Act No. 223 of 1997. (3) Subitem (2) has effect despite section 39 of the Acts Interpretation Act 1901. Part 2—Amendments Aged Care (Transitional Provisions) Act 1997 2 Title Omit “relating to aged care”, substitute “to deal with transitional matters in connection with the Aged Care (Living Longer Living Better) Act 2013”. 3 Section 1‑1 Omit “Aged Care Act 1997”, substitute “Aged Care (Transitional Provisions) Act 1997”. 4 Section 1‑2 Repeal the section, substitute: