Commonwealth Consolidated Acts

AGED CARE (TRANSITIONAL PROVISIONS) ACT 1997

TABLE OF PROVISIONS

           Long Title

            

CHAPTER 1--Introduction
            

           Division 1--Preliminary matters

   1.1.    Short title  
   1.2.    Commencement  
   1.2A.   Act applies to continuing care recipients  
   1.3.    Identifying defined terms  
   1.4.    Tables of Divisions and Subdivisions do not form part of this Act  

           Division 2--Objects

   2.1.    The objects of this Act  

           Division 3--Overview of this Act

   3.1.    General  
   3.2.    Preliminary matters relating to subsidies  
   3.3.    Subsidies (Chapter 3)  
   3.4.    Responsibilities of approved providers  
   3.5.    Grants  

           Division 4--Application of this Act

   4.1.    Application of this Act  
   4.2.    Binding the Crown  
            

CHAPTER 3--Subsidies
            

           Division 40--Introduction

   40.1.   What this Chapter is about  

   PART 3.1----RESIDENTIAL CARE SUBSIDY

           Division 41--Introduction

   41.1.   What this Part is about  
   41.2.   Residential care subsidy also dealt with in Aged Care (Transitional Provisions) Principles  
   41.3.   Meaning of residential care  

           Division 42--Who is eligible for residential care subsidy?

   42.1.   Eligibility for residential care subsidy  
   42.2.   Leave from residential care services  
   42.3.   Working out periods of leave  
   42.7.   Exceeding the number of places for which there is an allocation  
   42.8.   Notice of refusal to pay residential care subsidy  

           Division 43--How is residential care subsidy paid?

   43.1.   Payment of residential care subsidy  
   43.2.   Meaning of payment period  
   43.3.   Advances  
   43.4.   Claims for residential care subsidy  
   43.4A.  Variations of claims for residential care subsidy  
   43.5.   Deductions for fees  
   43.6.   Capital repayment deductions  
   43.9.   Recovery of overpayments  

           Division 44--What is the amount of residential care subsidy?

   44.1.   What this Division is about  

              Subdivision 44-A--Working out the amount of residential care subsidy

   44.2.   Amount of residential care subsidy  

              Subdivision 44-B--The basic subsidy amount

   44.3.   The basic subsidy amount  

              Subdivision 44-C--Primary supplements

   44.5.   Primary supplements  
   44.5A.  The accommodation supplement  
   44.5B.  Meaning of supported resident  
   44.5C.  Meaning of post - 2008 reform resident  
   44.5D.  Meaning of pre - 2008 reform resident  
   44.5E.  Meaning of pre - entry leave  
   44.6.   The concessional resident supplement  
   44.7.   Meaning of concessional resident  
   44.8.   Meaning of assisted resident  
   44.8AA. Determinations for sections 44 - 7 and 44 - 8  
   44.8AB. Determination of value of person's assets  
   44.9.   Person taken not to be a supported resident, a concessional resident or an assisted resident if asset information not provided  
   44.10.  How to work out the value of a person's assets  
   44.11.  Definitions relating to supported residents, concessional residents and assisted residents  
   44.12.  The respite supplement  
   44.13.  The oxygen supplement  
   44.14.  The enteral feeding supplement  
   44.15.  Requests for further information  
   44.16.  Additional primary supplements  

              Subdivision 44-D--Reductions in subsidy

   44.17.  Reductions in subsidy  
   44.18.  The extra service reduction  
   44.20.  The compensation payment reduction  

              Subdivision 44-E--The income test

   44.21.  The income test  
   44.22.  Daily income tested reduction taken to be zero in some circumstances  
   44.23.  Effect on daily income tested reduction of failure to give requested information  
   44.24.  The care recipient's total assessable income  
   44.26.  The care recipient's total assessable income free area  

              Subdivision 44-F--Other supplements

   44.27.  Other supplements  
   44.28.  The pensioner supplement  
   44.30.  The hardship supplement  
   44.31.  Determining cases of financial hardship  

   PART 3.2----HOME CARE SUBSIDY

           Division 45--Introduction

   45.1.   What this Part is about  
   45.2.   Home care subsidy also dealt with in Aged Care (Transitional Provisions) Principles  
   45.3.   Meaning of home care  

           Division 46--Who is eligible for home care subsidy?

   46.1.   Eligibility for home care subsidy  
   46.2.   Suspension of home care services  
   46.4.   Notice of refusal to pay home care subsidy  

           Division 47--On what basis is home care subsidy paid?

   47.1.   Payability of home care subsidy  
   47.2.   Meaning of payment period  
   47.4.   Claims for home care subsidy  
   47.4A.  Variations of claims for home care subsidy  
   47.5.   Recovery of overpayments  

           Division 48--What is the amount of home care subsidy?

   48.1.   Amount of home care subsidy  

   PART 3.3----FLEXIBLE CARE SUBSIDY

           Division 49--Introduction

   49.1.   What this Part is about  
   49.2.   Flexible care subsidy also dealt with in Aged Care (Transitional Provisions) Principles  
   49.3.   Meaning of flexible care  

           Division 50--Who is eligible for flexible care subsidy?

   50.1.   Eligibility for flexible care subsidy  
   50.2.   Kinds of care for which flexible care subsidy may be payable  
   50.3.   Exceeding the number of places for which there is an allocation  
   50.4.   Notice of refusal to pay flexible care subsidy  

           Division 51--On what basis is flexible care subsidy paid?

   51.1.   Payment of flexible care subsidy  

           Division 52--What is the amount of flexible care subsidy?

   52.1.   Amounts of flexible care subsidy  
            

CHAPTER 4--Responsibilities of approved providers
            

   PART 4.2----USER RIGHTS

           Division 57--What are the responsibilities relating to accommodation bonds?

   57.1.   What this Division is about  

              Subdivision 57-A--The basic rules

   57.2.    Basic rules about accommodation bonds  

              Subdivision 57-C--Accommodation bond agreements

   57.9.   Contents of accommodation bond agreements  
   57.10.  Accommodation bond agreements may be incorporated into other agreements  
   57.11.  Agreements cannot affect requirements of this Division  

              Subdivision 57-D--Amounts of accommodation bonds

   57.12.  Maximum amount of accommodation bond  
   57.13.  Maximum amount of accommodation bond if care recipient moves between aged care services  
   57.14.  Accommodation bond in cases of financial hardship  
   57.15.  Revocation of determinations of financial hardship  

              Subdivision 57-E--Payment of accommodation bonds

   57.16.  Period for payment of accommodation bond  
   57.17.  Payment of an accommodation bond by periodic payments  

              Subdivision 57-F--Rights of approved providers

   57.18.  Approved provider may retain income derived  
   57.19.  Amounts to be deducted from accommodation bond balance  
   57.20.  Retention amounts  

           Division 57A--What are the responsibilities relating to accommodation charges?

   57A.1.  What this Division is about  

              Subdivision 57A-A--The basic rules

   57A.2.   Basic rules about accommodation charges  

              Subdivision 57A-B--Accommodation charge agreements

   57A.3.  Contents of accommodation charge agreements  
   57A.4.  Accommodation charge agreements may be incorporated into other agreements  
   57A.5.  Agreements cannot affect requirements of this Division  

              Subdivision 57A-C--Daily accrual amounts of accommodation charges

   57A.6.  Maximum daily accrual amount of accommodation charge  
   57A.7.  Accommodation charge not to accrue after provision of care has ceased  
   57A.8A. Maximum amount of accommodation charge if care recipient moves between aged care services  
   57A.9.  Accommodation charge in cases of financial hardship  
   57A.10. Revocation of determinations of financial hardship  

              Subdivision 57A-D--Payment of accommodation charges

   57A.11. Accommodation charge may be payable not more than one month in advance  
   57A.12. Approved provider may charge interest  

           Division 58--What are the responsibilities relating to resident fees?

   58.1.   Responsibilities relating to resident fees  
   58.2.   Maximum daily amount of resident fees  
   58.3.   Standard resident contribution  
   58.3A.  Meaning of pre - September 2009 resident and post - September 2009 resident  
   58.3B.  Standard resident contribution--protected residents  
   58.3C.  Standard resident contribution--certain pre - 2008 reform residents  
   58.5.   Extra service amount  
   58.6.   Maximum daily amount of resident fees for reserving a place  

           Division 60--What are the responsibilities relating to home care fees?

   60.1.   Responsibilities relating to home care fees  
   60.2.   Maximum daily amount of home care fees  
            

CHAPTER 6--Administration
            

           Division 84--Introduction

   84.1.   What this Chapter is about  

   PART 6.1----RECONSIDERATION AND REVIEW OF DECISIONS

           Division 85--Reconsideration and review of decisions

   85.1.   Reviewable decisions  
   85.2.   Deadlines for making reviewable decisions  
   85.3.   Secretary must give reasons for reviewable decisions  
   85.4.   Secretary may reconsider reviewable decisions  
   85.5.   Reconsideration of reviewable decisions  
   85.8.   ART review of reviewable decisions  
            

CHAPTER 7--Miscellaneous
            

           Division 96--Miscellaneous

   96.1.   Aged Care (Transitional Provisions) Principles  
   96.2.   Delegation of Secretary's powers and functions  
   96.4.   Care provided on behalf of an approved provider  
   96.5.   Care recipients etc. lacking capacity to enter agreements  
   96.6.   Applications etc. on behalf of care recipients  
   96.7.   Withdrawal of applications  
   96.13.  Regulations  
           SCHEDULE 1 Dictionary