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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aged Care Legislation Amendment
(Improved Home Care Payment
Administration No. 2) Bill 2020
No. , 2020
(Health)
A Bill for an Act to amend the law in relation to
home care subsidy, and for related purposes
No. , 2020
Aged Care Legislation Amendment (Improved Home Care Payment
Administration No. 2) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Payment on invoice for services provided
3
Aged Care Act 1997
3
Aged Care (Transitional Provisions) Act 1997
10
A New Tax System (Goods and Services Tax) Act 1999
10
Part 2--Variation of claims for home care subsidy
12
Aged Care Act 1997
12
Aged Care (Transitional Provisions) Act 1997
12
Part 3--Previous claims
14
Aged Care Act 1997
14
Aged Care (Transitional Provisions) Act 1997
14
No. , 2020
Aged Care Legislation Amendment (Improved Home Care Payment
Administration No. 2) Bill 2020
1
A Bill for an Act to amend the law in relation to
1
home care subsidy, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Aged Care Legislation Amendment (Improved
5
Home Care Payment Administration No. 2) Act 2020
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Aged Care Legislation Amendment (Improved Home Care Payment
Administration No. 2) Bill 2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Parts 1 and 2
A single day to be fixed by Proclamation.
However, if the commencement of the
provisions is not fixed by a Proclamation
registered on the Federal Register of
Legislation established under the
Legislation
Act 2003
, within the period of 6 months
beginning on the day this Act receives the
Royal Assent, the provisions are repealed on
the day after the end of that period.
3. Schedule 1,
Part 3
Immediately after the commencement of the
provisions covered by table item 2.
However, if the provisions covered by table
item 2 do not commence, the provisions
covered by this table item are repealed at the
same time as the provisions covered by table
item 2 are repealed.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
Payment on invoice for services provided
Part 1
No. , 2020
Aged Care Legislation Amendment (Improved Home Care Payment
Administration No. 2) Bill 2020
3
Schedule 1--Amendments
1
Part 1--Payment on invoice for services provided
2
Aged Care Act 1997
3
1 Before section 48-1
4
Insert:
5
Subdivision A--Amount of home care subsidy
6
2 Subsection 48-1(2)
7
Repeal the subsection, substitute:
8
(2) The amount of
*
home care subsidy for a care recipient in respect of
9
the
*
payment period is worked out as follows:
10
Home care subsidy calculator
11
Step 1. Work out the
Commonwealth contribution amount
12
using section 48-1A.
13
Step 2. Work out the
shortfall amount
using section 48-13.
14
Step 3. If subsection (3) does not apply, work out,
using section
15
48-17, the
home care account
balance
in the care
16
recipient's
*
home care account immediately before the
17
approved provider gives to the Secretary, under
18
section 47-4, a claim in respect of the
*
payment period.
19
Step 4. Identify:
20
(a)
if subsection (3) applies--the Commonwealth
21
contribution amount; or
22
(b)
otherwise--the sum of the Commonwealth
23
contribution amount and the home care account
24
balance.
25
Schedule 1
Amendments
Part 1
Payment on invoice for services provided
4
Aged Care Legislation Amendment (Improved Home Care Payment
Administration No. 2) Bill 2020
No. , 2020
This is the
maximum contribution amount
.
1
Step 5. Identify the lesser of the following amounts (or either
2
amount if they are the same):
3
(a)
the shortfall amount;
4
(b)
the maximum contribution amount.
5
This is the
unadjusted subsidy amount
.
6
Step 6. Subtract the
provider held amount
(if any) specified in,
7
or worked out in accordance with, the User Rights
8
Principles from the unadjusted subsidy amount.
9
The result is the
amount of home care subsidy
for the care
10
recipient in respect of the
*
payment period. However, if the result
11
does not exceed zero, the
amount of home care subsidy
is zero.
12
(3) This subsection applies if:
13
(a) within the period specified in the Subsidy Principles before
14
the day the approved provider gives to the Secretary, under
15
section 47-4, the claim in respect of the
*
payment period,
16
another approved provider ceases to provide home care to the
17
care recipient; or
18
(b) any other circumstances specified in the Subsidy Principles
19
apply.
20
(4) The User Rights Principles may specify the provider held amount,
21
or the way to work out the provider held amount, for a care
22
recipient in respect of a
*
payment period for the purposes of step 6
23
of the home care subsidy calculator.
24
3 After section 48-1
25
Insert:
26
Amendments
Schedule 1
Payment on invoice for services provided
Part 1
No. , 2020
Aged Care Legislation Amendment (Improved Home Care Payment
Administration No. 2) Bill 2020
5
Subdivision B--Commonwealth contribution amount
1
48-1A Commonwealth contribution amount
2
The
Commonwealth contribution amount
for the care recipient in
3
respect of the
*
payment period is worked out as follows:
4
Commonwealth contribution amount calculator
5
Step 1. Work out the
basic subsidy amount
using section 48-2.
6
Step 2. Add to this amount the amounts of any
primary
7
supplements
worked out using section 48-3.
8
Step 3. Subtract the amounts of any
reductions in subsidy
9
worked out using section 48-4.
10
Step 4. Add the amounts of any
other supplements
worked out
11
using section 48-9.
12
The result is the
Commonwealth contribution amount
for the care
13
recipient in respect of the
*
payment period.
14
4 Subsection 48-3(1)
15
Omit "home care subsidy", substitute "Commonwealth contribution
16
amount".
17
5 Section 48-4
18
Omit "home care subsidy", substitute "Commonwealth contribution
19
amount".
20
6 Subsection 48-9(1)
21
Omit "home care subsidy", substitute "Commonwealth contribution
22
amount".
23
7 At the end of Part 3.2
24
Add:
25
Schedule 1
Amendments
Part 1
Payment on invoice for services provided
6
Aged Care Legislation Amendment (Improved Home Care Payment
Administration No. 2) Bill 2020
No. , 2020
Subdivision C--Shortfall amount
1
48-13 Shortfall amount
2
(1) The
shortfall amount
for the care recipient in respect of the
3
*
payment period is worked out as follows:
4
Shortfall amount calculator
5
Step 1. Work out, in accordance with the Subsidy Principles, the
6
price
for the home care provided during the
*
payment
7
period to the care recipient by the approved provider.
8
Step 2. Subtract the
care recipient contribution amount
(if any)
9
specified in, or worked out in accordance with, the
10
Subsidy Principles.
11
The result is the
shortfall amount
for the care recipient in respect
12
of the
*
payment period. However, if the result does not exceed
13
zero, the
shortfall amount
is zero.
14
(2) The Subsidy Principles must specify the way to work out the price
15
for home care provided during a
*
payment period to a care
16
recipient by an approved provider for the purposes of step 1 of the
17
shortfall amount calculator.
18
(3) Without limiting subsection (2), the Subsidy Principles may
19
require the price to include or exclude amounts in relation to
20
particular matters.
21
(4) The Subsidy Principles may specify the care recipient contribution
22
amount, or the way to work out the care recipient contribution
23
amount, for a care recipient in respect of a
*
payment period for the
24
purposes of step 2 of the shortfall amount calculator.
25
Amendments
Schedule 1
Payment on invoice for services provided
Part 1
No. , 2020
Aged Care Legislation Amendment (Improved Home Care Payment
Administration No. 2) Bill 2020
7
Subdivision D--Home care accounts
1
48-14 Home care account
2
(1) There is a
home care account
for each person who is, at any time
3
on or after the
*
implementation day, a
*
prioritised home care
4
recipient.
5
(2) A person starts to have a
*
home care account on:
6
(a) if the person is, on the
*
implementation day, a
*
prioritised
7
home care recipient--the implementation day; or
8
(b) otherwise--the day the Secretary first makes, after the
9
implementation day, a determination under section 23B-1
10
that the person is a prioritised home care recipient.
11
48-15 Home care credits
12
The following table sets out when a credit arises in a care
13
recipient's
*
home care account and the amount of the credit. The
14
credit is called a
home care credit
.
15
16
Credits in the home care account
Item
If ...
a credit of ...
arises ...
1
the amount worked out
at step 1
(Commonwealth
contribution amount) of
the home care subsidy
calculator in
subsection 48-1(2) for
the care recipient in
respect of a
*
payment
period exceeds the
amount worked out at
step 2 (shortfall
amount) of that
calculator for the care
recipient in respect of
the payment period
the amount of the
excess
at the later of:
(a) the end of the
subsequent payment
period; and
(b) the time the
approved provider
gives to the
Secretary, under
section 47-4, a
claim in respect of
the payment period
2
the circumstances
an amount specified in,
at the time specified in
Schedule 1
Amendments
Part 1
Payment on invoice for services provided
8
Aged Care Legislation Amendment (Improved Home Care Payment
Administration No. 2) Bill 2020
No. , 2020
Credits in the home care account
Item
If ...
a credit of ...
arises ...
specified in the
Subsidy Principles
happen
or worked out in
accordance with, the
Subsidy Principles
the Subsidy Principles
48-16 Home care debits
1
The following table sets out when a debit arises in a care
2
recipient's
*
home care account and the amount of the debit. The
3
debit is called a
home care debit
.
4
5
Debits in the home care account
Item
If ...
a debit of ...
arises ...
1
the amount worked out
at step 2 (shortfall
amount) of the home
care subsidy calculator
in subsection 48-1(2)
for the care recipient in
respect of a
*
payment
period exceeds the
amount worked out at
step 1 (Commonwealth
contribution amount) of
that calculator for the
care recipient in respect
of the payment period
the amount (if any) that
is the difference
between:
(a) the amount
identified in step 5
(unadjusted subsidy
amount) of that
calculator for the
care recipient in
respect of the
payment period;
and
(b) the amount worked
out at step 1
(Commonwealth
contribution
amount) of that
calculator for the
care recipient in
respect of the
payment period
at the time the
approved provider
gives to the Secretary,
under section 47-4, a
claim in respect of the
payment period
2
the circumstances
specified in the
Subsidy Principles
happen
an amount specified in,
or worked out in
accordance with, the
Subsidy Principles
at the time specified in
the Subsidy Principles
Amendments
Schedule 1
Payment on invoice for services provided
Part 1
No. , 2020
Aged Care Legislation Amendment (Improved Home Care Payment
Administration No. 2) Bill 2020
9
48-17 Home care account balance
1
The
home care account balance
in a care recipient's
*
home care
2
account at a particular time equals:
3
(a) the sum of the
*
home care credits in that account at that time;
4
less
5
(b) the sum of the
*
home care debits in that account at that time.
6
48-18 When home care account ceases
7
A care recipient's
*
home care account ceases when the care
8
recipient dies.
9
8 Subparagraphs 56-2(b)(i) and (c)(i)
10
After "charge", insert "the care recipient".
11
9 Section 96-1 (table item 23)
12
Omit "Part 4.2", substitute "Parts 3.2 and 4.2".
13
10 Clause 1 of Schedule 1
14
Insert:
15
home care account
means an account that arises under section
16
48-14.
17
home care credit
has the meaning given by section 48-15.
18
home care debit
has the meaning given by section 48-16.
19
implementation day
means the day Part 1 of Schedule 1 to the
20
Aged Care Legislation Amendment (Improved Home Care
21
Payment Administration No. 2) Act 2020
commences.
22
11 Clause 1 of Schedule 1 (definition of
payment period
)
23
Repeal the definition, substitute:
24
payment period
:
25
(a) in relation to residential care: see section 43-2; and
26
(b) in relation to home care: see section 47-2.
27
Schedule 1
Amendments
Part 1
Payment on invoice for services provided
10
Aged Care Legislation Amendment (Improved Home Care Payment
Administration No. 2) Bill 2020
No. , 2020
Aged Care (Transitional Provisions) Act 1997
1
12 Subsections 48-1(2) to (4)
2
Repeal the subsections, substitute:
3
(2) The amount of
*
home care subsidy payable to the approved
4
provider in respect of a care recipient in respect of the
*
payment
5
period is the amount:
6
(a) specified in the Aged Care (Transitional Provisions)
7
Principles; or
8
(b) worked out in accordance with a method specified in the
9
Aged Care (Transitional Provisions) Principles.
10
(3) Without limiting subsection (2), the Aged Care (Transitional
11
Provisions) Principles made for the purposes of subsection (2) may
12
authorise the making of legislative instruments by the Minister.
13
13 Clause 1 of Schedule 1 (definition of
payment period
)
14
Repeal the definition, substitute:
15
payment period
:
16
(a) in relation to residential care: see section 43-2; and
17
(b) in relation to home care: see section 47-2.
18
A New Tax System (Goods and Services Tax) Act 1999
19
14 Subsection 38-30(1)
20
Repeal the subsection, substitute:
21
(1) A supply of
*
home care is
GST-free
if:
22
(a) home care subsidy is payable under Part 3.2 of the
Aged Care
23
Act 1997
or Part 3.2 of the
Aged Care (Transitional
24
Provisions) Act 1997
to the supplier for the care; or
25
(b) the Commonwealth contribution amount worked out in
26
respect of the supplier, using section 48-1A of the
Aged Care
27
Act 1997
, for the recipient of the care in respect of the
28
payment period (within the meaning of that Act) in which the
29
supply is made, is greater than zero; or
30
(c) both of the following apply:
31
Amendments
Schedule 1
Payment on invoice for services provided
Part 1
No. , 2020
Aged Care Legislation Amendment (Improved Home Care Payment
Administration No. 2) Bill 2020
11
(i) the supplier is eligible for home care subsidy under
1
section 46-1 of the
Aged Care (Transitional Provisions)
2
Act 1997
in the payment period (within the meaning of
3
that Act) in which the supply is made;
4
(ii) the supply is a supply of a kind specified in the
5
regulations.
6
15 Application of amendments
7
The amendments of the
Aged Care Act 1997
and the
Aged Care
8
(Transitional Provisions) Act 1997
made by this Part apply in relation
9
to payment periods beginning on or after the day this item commences.
10
16 Rules
11
(1)
The Minister may, by legislative instrument, make rules prescribing
12
matters of a transitional nature (including prescribing any saving or
13
application provisions) relating to the amendments or repeals made by
14
this Act.
15
(2)
To avoid doubt, the rules may not do the following:
16
(a) create an offence or civil penalty;
17
(b) provide powers of:
18
(i) arrest or detention; or
19
(ii) entry, search or seizure;
20
(c) impose a tax;
21
(d) directly amend the text of an Act.
22
(3)
Rules may provide that, during or in relation to the first 12 months after
23
the commencement of this item, this Act or any other Act or instrument
24
has effect with any modifications prescribed by the rules.
25
(4)
Subsection 12(2) (retrospective application of legislative instruments)
26
of the
Legislation Act 2003
does not apply to rules made for the
27
purposes of this item.
28
(5)
This Act (other than subitem (2)) does not limit the rules that may be
29
made for the purposes of subitem (1).
30
Schedule 1
Amendments
Part 2
Variation of claims for home care subsidy
12
Aged Care Legislation Amendment (Improved Home Care Payment
Administration No. 2) Bill 2020
No. , 2020
Part 2--Variation of claims for home care subsidy
1
Aged Care Act 1997
2
17 Paragraph 47-4A(1)(a)
3
Repeal the paragraph, substitute:
4
(a) either:
5
(i) the period specified in the Subsidy Principles; or
6
(ii) if no such period is specified--2 years after the end of
7
that payment period; or
8
18 After subsection 47-4A(1)
9
Insert:
10
(1A) Without limiting subparagraph (1)(a)(i), the Subsidy Principles
11
may specify different periods in respect of different classes of
12
variations.
13
Aged Care (Transitional Provisions) Act 1997
14
19 Paragraph 47-4A(1)(a)
15
Repeal the paragraph, substitute:
16
(a) either:
17
(i) the period specified in the Aged Care (Transitional
18
Provisions) Principles; or
19
(ii) if no such period is specified--2 years after the end of
20
that payment period; or
21
20 After subsection 47-4A(1)
22
Insert:
23
(1A) Without limiting subparagraph (1)(a)(i), the Aged Care
24
(Transitional Provisions) Principles may specify different periods
25
in respect of different classes of variations.
26
Amendments
Schedule 1
Variation of claims for home care subsidy
Part 2
No. , 2020
Aged Care Legislation Amendment (Improved Home Care Payment
Administration No. 2) Bill 2020
13
21 Application of amendments
1
(1)
The amendments of subsection 47-4A(1) of the
Aged Care Act 1997
2
and subsection 47-4A(1) of the
Aged Care (Transitional Provisions) Act
3
1997
made by this Part apply in relation to any claim made in respect of
4
a payment period beginning on or after the day this item commences.
5
(2)
On and from the day that is 12 months after the day this item
6
commences, the amendments of subsection 47-4A(1) of the
Aged Care
7
Act 1997
and subsection 47-4A(1) of the
Aged Care (Transitional
8
Provisions) Act 1997
made by this Part also apply in relation to any
9
claim made in respect of a payment period beginning before the day this
10
item commences.
11
Schedule 1
Amendments
Part 3
Previous claims
14
Aged Care Legislation Amendment (Improved Home Care Payment
Administration No. 2) Bill 2020
No. , 2020
Part 3--Previous claims
1
Aged Care Act 1997
2
22 Paragraph 47-1(1A)(b)
3
Repeal the paragraph, substitute:
4
(b) in respect of a payment period if the approved provider has
5
not given to the Secretary under section 47-4:
6
(i) a claim in respect of the payment period; and
7
(ii) a claim in respect of each preceding payment period (if
8
any) ending on or after the first day on which the
9
approved provider is eligible under section 46-1.
10
Aged Care (Transitional Provisions) Act 1997
11
23 Paragraph 47-1(1A)(b)
12
Repeal the paragraph, substitute:
13
(b) in respect of a payment period if the approved provider has
14
not given to the Secretary under section 47-4:
15
(i) a claim in respect of the payment period; and
16
(ii) a claim in respect of each preceding payment period (if
17
any) ending on or after the first day on which the
18
approved provider is eligible under section 46-1.
19
24 Application of amendments
20
The amendments of the
Aged Care Act 1997
and the
Aged Care
21
(Transitional Provisions) Act 1997
made by this Part apply in relation
22
to payment of home care subsidy in respect of payment periods
23
beginning on or after the day this item commences.
24