Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SCHEDULE 3

Schedule 3ÐAmendment of the Social Security Act 1991 Part 1ÐAbolition of
residential care allowance 1 Section 3 (index of definitions) Repeal:
excluded home owner                         13A(1)

nursing home                                 23(1)

residential care charge                     13A(2)

residential care charge paid or payable     13A(4)
2 Section 3 (index of definitions, entry relating to in residential care) Omit
"13A(5)", substitute "23(4CA)". 3 Subsection 11(7) (note) Omit "13A(5)",
substitute "23(4CA)". 4 Section 13A Repeal the section. 5 After
subsection 23(4C): Insert:

(4CA) For the purposes of this Act, a person is in residential care if the
person is being provided with residential care through an aged care service
conducted by an approved provider.

(4CB) In subsection (4CA), the following terms have the same meanings as in
the Aged Care Act 1997: aged care service approved provider provide
residential care 6 Paragraph 664A(4)(b) Omit "or residential care allowance".
7 Paragraph 664C(4)(b) Omit "or residential care allowance". 8 Paragraph
664E(4)(b) Omit "or residential care allowance". 9 Paragraph 664G(4)(b) Omit
"or residential care allowance". 10 Paragraph 664HA(4)(b) Omit "or residential
care allowance". 11 Point 796-C1 (note) Omit "or residential care allowance".
12 Point 1064-A1 (method statement, step 3) Omit all the words after "(if
any)", substitute "for rent assistance (using MODULE D)". 13 Point 1064-A1
(note 2) Omit "or residential care allowance". 14 Paragraph 1064-D1(b) Repeal
the paragraph. 15 Point 1066-A1 (method statement, step 3) Omit all the words
after "(if any)", substitute "for rent assistance (using MODULE D)". 16 Point
1066-A1 (note 2) Omit "or residential care allowance". 17 Paragraph
1066-D1(aa) Repeal the paragraph. 18 Point 1066A-A1 (method statement, step 4)
Omit all the words after "(if any)", substitute "for rent assistance (using
MODULE EA if the person is under 18, or MODULE EB if the person is at least
18)". 19 Point 1066A-A1 (note 2) Omit "or residential care allowance". 20
Subparagraph 1066A-EA2(h)(ii) Omit "; and". 21 Paragraph 1066A-EA2(i) Repeal
the paragraph. 22 Paragraph 1066A-EB2(i) Omit "; and". 23 Paragraph
1066A-EB2(j) Repeal the paragraph. 24 Point 1067-A1 (method statement, step 3)
Omit all the words after "(if any)", substitute "for rent assistance (using
MODULE F)". 25 Paragraph 1067-F1(ea) Repeal the paragraph. 26 Point 1067E-A1
(method statement, step 3) Omit all the words after "(if any)", substitute
"for rent assistance (using MODULE D)". 27 Paragraph 1067E-D1(ca) Repeal the
paragraph. 28 Point 1068-A1 (method statement, step 3) Omit all the words
after "(if any)", substitute "for rent assistance (using MODULE F)". 29 Point
1068-F1 (ca) Repeal the paragraph. 30 Point 1068-A1 (note 1) Omit "or
residential care allowance". 31 Point 1068A-A3 (method statement, step 4,
paragraph (b)) Omit "or residential care allowance (see Part 3.12B)". 32 Point
1068A-A3 (note) Omit "or residential care allowance". 33 Paragraph
1068A-F1(da) Repeal the paragraph. 34 Point 1069-A1 (method statement, step
1A) Omit all the words after "(if any)", substitute "for rent assistance
(using MODULE E) and add the amount to the total from Step 1. The result is
the person's gross family payment rate". 35 Paragraph 1069-E2(1)(ca) Repeal
the paragraph. 36 Paragraph 1069-K3(e) Omit "or residential care allowance".
37 Subsection 1147(2) Omit "or residential care charge". 38 Part 3.12B Repeal
the Part. 39 Section 1190 (table items 19B, 19C, 19D, 19E, 19F, 19G, 19H and
19I) Repeal the items. 40 Subsection 1191(1) (table items 13B, 13C, 13D, 13E,
13F, 13G, 13H and 13I) Repeal the items. 41 Paragraph 1207(1)(a) Omit ", the
rent assistance Module of a rate calculator or Part 3.12B (which deals with
residential care allowance)", substitute "or the rent assistance Module of a
Rate Calculator". 42 Paragraphs 1207(1)(c) and (d) Omit ", the rent assistance
Module or Part 3.12B (residential care allowance)", substitute "or the rent
assistance Module". 43 Point 1210-A1 (note 2) Omit "or residential care
allowance". 44 Subclause 28(4) of Schedule 1A Omit "or residential care
allowance" (wherever occurring). Note: The heading to clause 28 of Schedule 1A
is altered by omitting "and residential care allowance". 45 Subclause 28(5) of
Schedule 1A Repeal the subclause, substitute:

(5) Subclause (4) does not apply if:

   (a)  the person is entitled to rent assistance because of subclause (1) or
        (2); and

   (b)  the amount of rent assistance payable is worked out under clause 63.
        46 Subclause 28(6) of Schedule 1A Omit "or residential care
        allowance". 47 Subclause 36(3) of Schedule 1A Omit "or residential
        care allowance". 48 Clause 63A of Schedule 1A Repeal the clause. Part
        2ÐRent assistance and related matters 49 Section 3 (index of
        definitions) Insert the following entries in their appropriate
        alphabetical positions (determined on a letter-by-letter basis):
aged care resident                               13(8A)

in residential care on a long-term basis         997(2)
50 Subsection 13(4) Repeal the subsection. 51 After subsection 13(8) Insert:

(8A) Subject to subsections (8B) and (8C), a person is an aged care resident
for the purposes of this Act if:

   (a)  the person is in residential care; and

   (b)  an approval for residential care or flexible care under Part 2.3 of
        the Aged Care Act 1997 is in force in respect of the person.

(8B) Without limiting subsection (8A), a person is taken not to be an aged
care resident if:

   (a)  the person is in approved respite care, and has been in approved
        respite care for a continuous period of 52 days or less; and

   (b)  immediately before the person became a person in approved respite
        care, the person was receiving rent assistance.

(8C) The Secretary may determine, for the purposes of subsection (8A), that a
person is taken not to be an aged care resident on a day that occurs:

   (a)  after the person in fact became an aged care resident; and

   (b)  before the day occurring 15 days after the person in fact became an
        aged care resident; if the Secretary is satisfied that, immediately
        before the day, the person was liable to pay rent.

(8D) In this section, rent assistance means an amount paid or payable under
this Act to help cover the cost of rent. 52 Subsection 23(1) (definition of
nursing home) Repeal the definition. 53 Subparagraph 993(2)(c)(iii) Omit "a
nursing home patient", substitute "in residential care". 54 Subsection 993(2)
(note 4) Repeal the note, substitute: Note 4: For mental hospital patient on a
long-term basis, see subsection 997(1). Note 4A: For in residential care on a
long-term basis, see subsection 997(2). 55 Subparagraph 994(c)(vi) Omit "a
nursing home patient", substitute "in residential care". 56 Section 994 (note
5) Repeal the note, substitute: Note 5: For mental hospital patient on a
long-term basis, see subsection 997(1). Note 5A: For in residential care on a
long-term basis, see subsection 997(2). 57 Subsection 997(2): Repeal the
subsection, substitute:

(2) For the purposes of this Division, a person is in residential care on a
long-term basis if:

   (a)  the person is in residential care; and

   (b)  the Secretary is satisfied that the person will be in residential care
        for an indefinite period. 58 After paragraph 1064-D1(a) Insert:

   (b)  the person is not an aged care resident; and 59 After paragraph
        1066-D1(a) Insert:

   (aa) the person is not an aged care resident; and 60 After paragraph
        1066A-EA2(d) Insert:

   (da) the person is not, or is taken not to be, an aged care resident; and
        61 After paragraph 1066A-EB2(e) Insert:

   (ea) the person is not an aged care resident; and 62 After paragraph
        1067-F1(c) Insert:

   (ca) the person is not an aged care resident; and 63 Paragraph 1067B(6)(c)
        Omit "living in a nursing home and likely to remain there", substitute
        "in residential care, and likely to remain in residential care". 64
        After paragraph 1067E-D1(a) Insert:

   (aa) the person is not an aged care resident; and 65 After paragraph
        1068-F1(aa) Insert:

   (ab) the person is not an aged care resident; and 66 After paragraph
        1068A-F1(b) Insert:

   (ba) the person is not an aged care resident; and 67 After paragraph
        1069-E2(1)(a) Insert:

   (aa) the person is not an aged care resident; and 68 After clause 102D of
        Schedule 1A Insert: 102E Application provisionÐabolition of
        residential care allowance and amendments relating to rent assistance

(1) The amendments to this Act made by Parts 1, 2 and 4 of Schedule 3 to the
Aged Care (Consequential Provisions) Act 1997 apply:

   (a)  to an instalment of social security benefit payable in respect of a
        period starting on or after the day on which the Aged Care Act 1997
        commences; and

   (b)  to a payment of social security pension in respect of a pension period
        starting after that day. Part 3ÐReview provisions 69 Paragraph
        1239(1)(e) Repeal the paragraph, substitute:

   (e)  a decision under section 44-24 of the Aged Care Act 1997 by the
        Secretary, or by a person to whom the Secretary has sub-delegated
        power under subsection 96- 2(7) of that Act; 70 Paragraph 1240(1)(e)
        Repeal the paragraph, substitute:

   (e)  a decision under section 44-24 of the Aged Care Act 1997 by the
        Secretary, or by a person to whom the Secretary has sub-delegated
        power under subsection 96- 2(7) of that Act; 71 Paragraph 1245(1)(d)
        Repeal the paragraph, substitute:

   (d)  all decisions under section 44-24 of the Aged Care Act 1997 by the
        Secretary, or by a person to whom the Secretary has sub-delegated
        power under subsection 96- 2(7) of that Act. 72 Paragraph 1282(1)(b)
        Repeal the paragraph, substitute:

   (b)  all decisions under section 44-24 of the Aged Care Act 1997 by the
        Secretary, or by a person to whom the Secretary has sub-delegated
        power under subsection 96- 2(7) of that Act. 73 After clause 102A of
        Schedule 1A Insert: 102AA Review of decisions under section 5 of the
        Aged Care Income  Testing Act 1997 

(1) If:

   (a)  before the commencement day, the Secretary was, under section 1239 of
        this Act, reviewing a decision made under section 5 of the Aged  Care
        Income Testing Act 1997 ; and

   (b)  as at the commencement day, the Secretary had not yet:

        (i)    affirmed the decision; or

        (ii)   varied the decision; or

        (iii)  set the decision aside and substituted a new decision; the
               review of the decision has effect, on and after the
               commencement day, as if it were a review by the Secretary of a
               decision made under section 44-24 of the Aged Care Act 1997.

(2) In this clause: commencement day means the day on which the
Aged Care Act 1997 (other than Division 1 of that Act) commences. 102B
Applications for review of decisions made under section 5 of the
Aged Care Income Testing Act 1997

(1) If:

   (a)  before the commencement day, a person had, under section 1240 of this
        Act, applied to the Secretary for review of a decision made under
        section 5 of the Aged Care Income Testing Act 1997; and

   (b)  as at the commencement day, the Secretary had not yet:

        (i)    affirmed the decision; or

        (ii)   varied the decision; or

        (iii)  set the decision aside and substituted a new decision; the
               application for review of the decision has effect, on and after
               the commencement day, as if it were an application made on that
               day for review of a decision made under section 44-24 of the
               Aged Care Act  1997 .

(2) In this clause: commencement day means the day on which the
Aged Care Act 1997 (other than Division 1 of that Act) commences. 102C Review
by SSAT of decisions relating to determinations under section 5 of the
Aged Care Income Testing Act 1997

(1) If:

   (a)  before the commencement day, a person had, under section 1247 of this
        Act, applied to the SSAT for review of a decision; and

   (b)  the decision related to a determination under section 5 of the
        Aged Care Income Testing Act 1997; and

   (c)  as at the commencement day, the SSAT had not yet made a decision on
        the review; the application for review has effect, on and after the
        commencement day, as if it were an application for review of a
        decision relating to a determination made under section 44-24 of the
        Aged Care Act 1997.

(2) In this clause: commencement day means the day on which the
Aged Care Act 1997 (other than Division 1 of that Act) commences. 102D Review
by AAT of decisions relating to determinations under section 5 of the
Aged Care Income Testing Act 1997

(1) If:

   (a)  before the commencement day, a person had, under section 1282 of this
        Act, applied to the AAT for review of a decision; and

   (b)  the decision related to a determination under section 5 of the
        Aged Care Income Testing Act 1997; and

   (c)  as at the commencement day, the AAT had not yet made a decision on the
        review; the application for review has effect, on and after the
        commencement day, as if it were an application for review of a
        decision relating to a determination made under section 44-24 of the
        Aged Care Act 1997.

(2) In this clause: commencement day means the day on which the
Aged Care Act 1997 (other than Division 1 of that Act) commences. Part 4ÐOther
amendments 74 Section 3 (index of definitions) Insert the following entries in
their appropriate alphabetical positions (determined on a letter-by-letter
basis):
accommodation bond              11(1)

accommodation bond balance      11(1)
75 Subsection 4(9) Repeal the subsection, substitute:

(9) For the purpose of this Act, a person is in approved respite care on a
particular day if the person is eligible for a respite care supplement in
respect of that day under section 44- 12 of the Aged Care  Act 1997 . 76 After
subsection 9(1C) Insert:

(1D) To avoid doubt, neither an accommodation bond nor an accommodation bond
balance is a financial investment for the purposes of this Act. 77 Subsection
11(1) Insert: accommodation bond has the same meaning as in the
Aged Care Act 1997. 78 Subsection 11(1) Insert: accommodation bond balance has
the same meaning as in the Aged Care Act  1997 . 79 After subsection 11(3A)
Insert:

(3B) For the purposes of this Act, an accommodation bond balance in respect of
an accommodation bond paid by a person is taken to be an asset of the person.