Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The pensioner supplement for the care recipient in respect of the * payment period is the sum of all the pensioner supplements for the days during the period on which:
(a) the care recipient was provided with residential care through the residential care service in question; and
(b) the care recipient was eligible for a pensioner supplement.
(2) Subject to subsections (3), (5) and (6), the care recipient is eligible for a pensioner supplement on a particular day if:
(a) the care recipient is a * pre - 2008 reform resident; and
(b) if the day falls before 20 March 2008--on that particular day any of the following apply to the care recipient:
(i) the care recipient was receiving an * income support payment;
(ii) the care recipient had a * dependent child;
(iii) the care recipient was provided with * respite care;
(iv) the care recipient was included in a class of people specified in the Aged Care (Transitional Provisions) Principles; and
(c) if the day falls on or after 20 March 2008--on that particular day any of the following apply to the care recipient:
(i) the care recipient was receiving an income support payment;
(ii) the care recipient had a dependent child;
(iii) the care recipient was included in a class of people specified in the Aged Care (Transitional Provisions) Principles.
(3) The care recipient is not eligible for a pensioner supplement on a particular day if:
(a) an * accommodation bond was paid, or agreed to be paid, by the care recipient for * entry to the residential care service; and
(b) either:
(i) if the time (the entry time ) of the care recipient's entry was before 20 September 2009--that accommodation bond exceeded the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) an amount equal to 10 times the * basic age pension amount; or
(ii) if the time (the entry time ) of the care recipient's entry was on or after 20 September 2009--that accommodation bond exceeded the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) an amount equal to 9 times the * basic age pension amount;
unless, on that day, the care recipient had a dependent child.
(4) For the purposes of subsection (3), if the care recipient elects under subsection 57 - 17(1) to pay an * accommodation bond by periodic payments, the amount of the accommodation bond is taken to be what would have been payable by the care recipient in accordance with Subdivision 57 - D had the care recipient paid it as a lump sum.
(5) If the care recipient has failed to give to the Secretary information that the Secretary requests for the purpose of determining the care recipient's * total assessable income under section 44 - 24, the care recipient is not eligible for a pensioner supplement for any of the days during the period:
(a) starting on the day on which the care recipient failed to give to the Secretary that information; and
(b) finishing at the end of the day before the day on which the care recipient gave to the Secretary that information.
(6) If the care recipient has elected not to give any information to the Secretary for the purpose of determining the care recipient's * total assessable income under section 44 - 24, the care recipient is not eligible for a pensioner supplement for any of the days during the period:
(a) starting on the day on which the care recipient made the election; and
(b) finishing at the end of the day before the day on which the care recipient gives to the Secretary a written notice revoking the election.
Note: Care recipients are not obliged to give the Secretary the information. They can choose not to give the information, but, in addition to the effect this has on the income test (see section 44 - 23), a pensioner supplement will not apply.
(7) The pensioner supplement for a particular day is the amount determined by the Minister by legislative instrument.
(8) The Minister may determine different amounts (including nil amounts) based on any matters determined by the Minister by legislative instrument.