10.1Residential care arrangements

10.1 Residential care arrangements

10.1.1 Residential care may be provided in accordance with this Part to:

(a) a person who has a current valid Gold Card; or

(b) a person who has a current valid White Card.

Note (1): this provision, in conjunction with a determination under section 88A of the Act, also enables the Commission to make a payment for residential care where that care is applied to a condition other than a war caused condition, malignant neoplasm, pulmonary tuberculosis, post traumatic stress disorder or an unidentifiable condition.

Note (2): an "unidentifiable condition" is governed by Determination 19/2000.

Note (3)‘residential care’ is defined in paragraph 1.4.1.

10.1.2 Subject to paragraph 10.1.3 and paragraph 10.1.5, a person referred to in paragraph 10.1.1 may be provided with residential care under the Aged Care Act 2024 and the Principles.

10.1.3 Upon the Commonwealth becoming liable to pay an amount under the Aged Care Act 2024 or the Aged Care Rules (e.g. veterans’ supplement) in respect of residential care for a person referred to in paragraph 10.1.1, the Commission is taken to have:

(a) arranged for the provision of that residential care in accordance with this Part; and

(b) accepted financial responsibility for that amount.

Note: The effect of paragraph 10.1.3 is to provide for payment to be made under the Act instead of the Aged Care Act 2024. Subsidies payable under Part 2 of Chapter 4 of the Aged Care Act 2024 for treatment covered by Part V of the Act are not payable as an automatic appropriation out of the Consolidated Revenue Fund under the Aged Care Act 2024 (see section 598 of that Act). See subsection 84(3A) and section 199 of the Act for how payments are appropriated.

10.1.4 Paragraph 10.1.3 does not permit payments to be made by the Commonwealth under both the Veterans’ Entitlements Act 1986 and the Aged Care Act 2024 in respect of the same amount for which the Commonwealth has become liable.

10.1.5 Despite paragraph 10.1.3, where residential care is provided to an entitled person under the Aged Care Act 2024 and the Commonwealth is not liable to pay an amount under that Act in respect of an amount incurred by the entitled person in relation to that care, the Commission may accept financial liability for any such amount incurred by the entitled person where the Principles so provide.

Note: under the Aged Care Act 2024 the Commonwealth is not necessarily liable to pay resident fees such as the daily care fee. Liability to pay that amount may be accepted by the Commission under the Principles.