Commonwealth Consolidated Acts Commonwealth Consolidated ActsIf the applicable time is before 1 July 2005
(1) A person is an assisted resident if the person is being provided with residential care (other than * respite care) through a residential care service, the applicable time under subsection (2) is before 1 July 2005 and, at the applicable time:
(a) the person was receiving an * income support payment; and
(b) the person had not been a * homeowner for 2 years or more, or owned a home that was occupied by:
(i) the * partner or a * dependent child of the person; or
(ii) a carer of the person who had occupied the home for the past 2 years and, at the entry time, was eligible to receive an income support payment; or
(iii) a * close relation of the person who had occupied the home for the past 5 years and, at the entry time, was eligible to receive an income support payment; and
(c) the value of the person's assets was less than:
(i) the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) an amount equal to 4 times the * basic age pension amount at the time in question; or
(ii) such other amount as is specified in, or worked out in accordance with, the Aged Care (Transitional Provisions) Principles;
but more than:
(iii) the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) an amount equal to 2.5 times the * basic age pension amount at the time in question; or
(iv) such other amount as is specified in, or worked out in accordance with, the Aged Care (Transitional Provisions) Principles.
Note: An * assisted resident may be required to pay an * accommodation bond or an * accommodation charge.
If the applicable time is on or after 1 July 2005
(1A) A person is also an assisted resident if:
(a) the person is being provided with residential care (other than * respite care) through a residential care service; and
(b) the applicable time under subsection (2) is on or after 1 July 2005; and
(c) the person is a * pre - 2008 reform resident; and
(d) there is in force a determination covered by subsection (1B) or (1C).
If there is financial hardship (whatever the applicable time)
(1AA) A person is also an assisted resident if:
(a) a determination is in force under paragraph 57 - 14(1)(b) or 57A - 9(1)(b) in respect of the person; and
(b) the person is a * pre - 2008 reform resident.
(1B) Subject to subsection (1D), this subsection covers a determination, made under section 44 - 8AA before the person * entered the residential care service, that the conditions in paragraphs (1)(a), (b) and (c) would have been met for the person at the time specified in the determination if the references in subparagraphs (1)(b)(ii) and (iii) to the entry time had been references to the time specified in the determination.
(1C) Subject to subsection (1E), this subsection covers a determination, made under section 44 - 8AA when or after the person * entered the residential care service, that the conditions in paragraphs (1)(a), (b) and (c) were met at the applicable time under subsection (2).
(1D) If:
(a) a determination covered by subsection (1B) is made in relation to a person; and
(b) the time specified in the determination is on or after 20 September 2009;
subsection (1B) has effect as if the reference to paragraph (1)(c) were a reference to that paragraph modified by:
(c) omitting "4" from subparagraph (i) and substituting "3.61"; and
(d) omitting "2.5" from subparagraph (iii) and substituting "2.25".
(1E) If:
(a) a determination covered by subsection (1C) is made in relation to a person; and
(b) the applicable time under subsection (2) is on or after 20 September 2009;
subsection (1C) has effect as if the reference to paragraph (1)(c) were a reference to that paragraph modified by:
(c) omitting "4" from subparagraph (i) and substituting "3.61"; and
(d) omitting "2.5" from subparagraph (iii) and substituting "2.25".
What is the applicable time?
(2) The applicable time is:
(a) if:
(i) the person had, within 28 days prior to * entry to the residential care service, been provided with residential care through another residential care service; and
(ii) the person had paid an * accommodation bond for entry to that other service;
the time that was, under this subsection, the applicable time in respect of that other service; or
(b) in any other case--the time at which the person entered the residential care service.