Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SCHEDULE 4

Schedule 4ŠAmendment of the Veterans' Entitlements Act 1986 Part 1ŠAbolition
of residential care allowance 1 Paragraph 5H(8)(e) (note) Omit "or residential
care allowance". 2 Paragraph 5H(8)(e) (note) Omit "or Residential Care
Allowance Module". 3 Subsection 5NB(1) (paragraph (a) of the definition of
dependent child component) Omit "or residential care allowance". 4 Subsection
5NB(1) (note 1 to the definition of dependent child component) Omit "or
residential care allowance". 5 Subsection 40(1) (note 1) Omit ", residential
care allowance". 6 Paragraph 40C(1)(a) Omit ", the residential care allowance
Module of a Rate Calculator". 7 Paragraph 40C(1)(c) Omit ", the residential
care allowance Module". 8 Paragraph 40C(1)(d) Omit "or the residential care
allowance Module". 9 Paragraph 40C(1A)(a) Omit ", the residential care
allowance Module of a Rate Calculator". 10 Paragraph 40C(1A)(c) Omit ", the
residential care allowance Module". 11 Paragraph 40C(1A)(d) Omit "or the
residential care allowance Module". 12 Subsection 40C(2) (Relevant Modules
Table, column 3A) Repeal the column. 13 Point 41-A1 (method statement, step 2)
Omit "or the amount per year (if any) for residential care allowance using
MODULE CAA below". 14 Point 41-A1 (note 2) Omit "or residential care
allowance". 15 Paragraph 41-C2(aa) Repeal the paragraph. 16 Point 41-C2 (note
1A) Repeal the note. 17 Section 41 (Module CAA) Repeal the Module. 18 Point
42-A1 (method statement, step 3) Omit "or the amount per year (if any) for
residential care allowance using MODULE DAAA below". 19 Point 42-A1 (note 2)
Omit ", or residential care allowance". 20 Paragraph 42-D2(aa) Repeal the
paragraph. 21 Point 42-D2 (note 1A) Repeal the note. 22 Section 42 (Module
DAAA) Repeal the Module. 23 Point 42-DAA12 Omit "or residential care
allowance". 24 Point 42-DAA12 (note) Omit "For residential care allowance see
Module DAAA". 25 Paragraph 43(4)(d) (formula) Omit "RA/RCA", substitute "RA".
26 Subsection 43(4) (definition of RA/RCA) Repeal the definition, substitute:
RA means the amount for rent added to the person's maximum basic rate under
Step 3 of Method statement A in point 43-A1. 27 Point 43-A1 (method statement
A, step 3) Omit all the words after "MODULE D below". 28 Paragraph 43-D2(aa)
Repeal the paragraph. 29 Point 43-D2 (note 1A) Repeal the note. 30 Section 43
(Module DAA) Repeal the Module. 31 Point 45-B4 (note) Omit the last sentence.
32 Paragraphs 45V(1)(b), (d) and (f) Omit "or the residential care allowance
Module". 33 Paragraphs 45V(2)(b), (d) and (e) Omit "or the residential care
allowance Module". 34 Paragraph 45V(3)(b) Repeal the paragraph, substitute:

   (b)  the person would be eligible to have rent assistance added to his or
        her maximum basic rate under point 45X-D2 if the person were not blind
        (that is, if the rate of the person's income support supplement were
        calculated using the Method statement set out in point 45X-B1, instead
        of that set out in point 45X-B2); 35 Subsection 45V(3) Omit all the
        words after "Module D of the Rate Calculator". 36 Point 45X-B1 (method
        statement, step 2) Omit all the words after "MODULE D below". 37 Point
        45X-B1 (note 3) Omit "or residential care allowance". 38 Point 45X-B2
        (method statement, step 3) Omit all the words after "MODULE D below".
        39 Paragraph 45X-D2(aa) Repeal the paragraph. 40 Point 45X-D2 (note
        1A) Repeal the note. 41 Section 45X (Module DA) Repeal the Module. 42
        Point 45Y-B1 (method statement, step 11) Omit all the words after
        "MODULE F below". 43 Point 45Y-B2 (method statement, step 3) Omit all
        the words after "MODULE F below". 44 Paragraph 45Y-F2(aa) Repeal the
        paragraph. 45 Point 45Y-F2 (note 1A) Repeal the note. 46 Section 45-Y
        (Module FA) Repeal the Module. 47 Point 45Y-H5 (definition of DC
        add-ons) Omit "or residential care allowance". 48 Section 59A (Indexed
        and Adjusted Amounts Table, rows 6B, 6C and 7AAAA) Repeal the rows. 49
        Section 59B (CPI Indexation Table, rows 3B and 3C) Repeal the rows. 50
        Section 59GAA Repeal the section. 51 Application The amendments to the
        Veterans' Entitlements Act 1986 made by this Part apply to instalments
        of pension paid after the day on which this Part commences. Part
        2ŠRent assistance and related matters 52 Section 5 (index of
        definitions) Insert the following entries in their appropriate
        alphabetical positions (determined on a letter-by-letter basis):
aged care resident                              5NC(5)

in a care situation                             5NC(2)

in respite care                                 5NC(8)

personally providing community-based care       5NC(4)

receiving community-based care                  5NC(3)

residential care charge                          5N(1)
53 Section 5 (index of definitions) Repeal:
approved respite care                            5R(8)

excluded property owner                        5NAA(1)

in a care situation                              5N(9)

in residential care                            5NAA(2)

personally providing community-based care        5N(9)

receiving community-based care                   5N(9)

residential care charge                        5NAA(3)

residing in a nursing home                       5N(8)

respite period                                   5Q(1)
54 Paragraph 5L(7)(b) Omit "in a relevant care situation" (first occurring),
substitute "in a care situation or is an aged care resident". 55 Paragraph
5L(7)(b) Omit "in a relevant care situation" (second occurring), substitute
"either in a care situation or an aged care resident". 56 Subparagraphs
5L(7)(c)(i) Omit "in a relevant care situation", substitute "in a care
situation or is an aged care resident". 57 Subparagraphs 5L(7)(d)(i) Omit "in
a relevant care situation", substitute "in a care situation or is an aged care
resident". 58 Subparagraph 5L(7)(d)(ii) Omit "in a relevant care situation",
substitute "either in a care situation or while an aged care resident". 59
Subparagraph 5L(7)(d)(iii) Omit "in a relevant care situation", substitute
"either in a care situation or an aged care resident". 60 Paragraph 5L(7)(d)
Omit "in a residential care situation" (last occurring), substitute "either in
a care situation or an aged care resident". 61 Subparagraphs 5L(7)(e)(i) Omit
"in a relevant care situation", substitute "in a care situation or is an aged
care resident". 62 Subparagraph 5L(7)(e)(ii) Omit "in a relevant care
situation", substitute "in a care situation or while an aged care resident".
63 Subsection 5L(7) (notes 1 and 2) Repeal the notes, substitute: Note 1: For
in a care situation see subsection 5NC(2). Note 2: For aged care resident see
subsection 5NC(5). 64 Subsection 5L(7A) Repeal the subsection. 65 Subsection
5N(1) Insert: residential care charge means an amount paid by, or on behalf
of, a person to an approved provider (within the meaning of the Aged Care Act 
1997 ) for the provision of care to the person, but does not include an
accommodation bond within the meaning of that Act. 66 Subsection 5N(1) (note
to the definition of ineligible property owner) Repeal the note, substitute:
Note: For retirement village see subsections 5M(3) and (4), for property owner
see subsection 5L(4), for principal home see subsections 5L(5), (6) and (7),
for personally providing community-based care, see subsection 5NC(4), for in a
care situation see subsection 5NC(2). Note: The heading to subsection 5N(7) is
replaced by the heading "People in care situations". 67 Subsection 5N(1)
(definition of residing in a nursing home) Repeal the definition. 68
Subsection 5N(8) Repeal the subsection. 69 Subsection 5N(9) Repeal the
subsection. 70 Section 5NAA Repeal the section. 71 After section 5NB Insert:
5NC In care definitions

(1) In this Act: aged care resident has the meaning given by subsection (5).
in a care situation has the meaning given by subsection (2). in respite care
has the meaning given by subsection (8). personally providing community-based
care has the meaning given by subsection (4). receiving community-based care
has the meaning given by subsection (3).

(2) A person is in a care situation if:

   (a)  the person is residing in premises at which accommodation is provided
        exclusively or principally for people who have a mental disability; or

   (b)  the person is a nursing-home type patient, within the meaning of the
        Health Insurance Act 1973, of a hospital; or

   (c)  the person is in respite care; or

   (d)  the person is receiving community-based care.

(3) A person is receiving community-based care if, in the Commission's
opinion, the person needs, and has been receiving or is likely to receive, a
substantial level of care in a private residence for at least 14 consecutive
days.

(4) A person is personally providing community-based care for another person
if, in the Commission's opinion:

   (a)  the first-mentioned person is personally providing for the other
        person, in a private residence, a substantial level of care needed by
        the other person; and

   (b)  has personally provided, or is likely to personally provide, that
        level of care for at least 14 consecutive days.

(5) Subject to subsections (6) and (7), a person is an aged care resident for
the purposes of this Act if:

   (a)  the person:

        (i)    is being provided with residential care through an aged care
               service conducted by an approved provider; and

        (ii)   has been provided, or in the Commission's opinion is likely to
               be provided, with residential care for at least 14 consecutive
               days; 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.

(6) A person is taken not to be an aged care resident if the person is in
respite care.

(7) The Commission may determine, for the purposes of subsection (5), 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 Commission is satisfied that, immediately
        before the day, the person was liable to pay rent.

(8) A person is in 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.

(9) In this section, the following terms have the same meanings as in the
Aged Care Act 1997: aged care service approved provider flexible care provide
residential care 72 Subsection 5Q(1) (definition of respite period) Repeal the
definition. 73 After subsection 5R(6) Insert: Note: For in respite care, see
subsection 5NC(8). 74 Paragraph 5R(6)(b) Omit "has entered approved respite
care", substitute "is in respite care". 75 Paragraph 5R(6)(c) Omit "has
entered approved respite care", substitute "is in respite care". 76 Subsection
5R(7) Omit "has entered approved respite care", substitute "is in respite
care". 77 Subsection 5R(8) Repeal the subsection. 78 After paragraph 41-C2(a)
Insert:

   (aa) the person is not an aged care resident; and 79 Point 41-C2 (before
        note 1) Insert: Note 1A: For aged care resident, see subsection
        5NC(5). 80 After paragraph 42-D2(a) Insert:

   (aa) the person is not an aged care resident; and 81 Point 42-D2 (before
        note 1) Insert: Note 1A: For aged care resident, see subsection
        5NC(5). 82 After paragraph 43-D2(a) Insert:

   (aa) the person is not an aged care resident; and 83 Point 43-D2 (before
        note 1) Insert: Note 1A: For aged care resident, see subsection
        5NC(5). 84 After paragraph 45X-D2(a) Insert:

   (aa) the person is not an aged care resident; and 85 Point 45X-D2 (before
        note 1) Insert: Note 1A: For aged care resident, see subsection
        5NC(5). 86 After paragraph 45Y-F2(a) Insert:

   (aa) the person is not an aged care resident; and 87 Point 45Y-F2 (before
        note 1) Insert: Note 1A: For aged care resident, see subsection
        5NC(5). 88 After subsection 52M(2) Insert: Note: For residential care
        charge, see subsection 5N(1). 89 Application The amendments of the
        Veterans' Entitlements Act 1986 made by this Part apply to instalments
        of pension paid after the day on which this Part commences. Part
        3ŠOther amendments 90 Subsection 5H(8) After "income" (first
        occurring), insert "in relation to a person". 91 After paragraph
        5H(8)(n) Insert:

   (na) a payment of subsidy under Part 3.1 of the Aged Care Act 1997 made to
        an approved provider (within the meaning of that Act) in respect of
        care provided to the person;

   (nb) an accommodation bond balance (within the meaning of the Aged  Care
        Act 1997 ) refunded to the person under that Act; 92 After subsection
        5J(2B) Insert:

(2C) To avoid doubt, neither an accommodation bond (within the meaning of the
Aged Care Act 1997) nor an accommodation bond balance (within the meaning of
that Act) is a financial investment for the purposes of this Act. 93 After
subsection 5L(3A) Insert:

(3B) For the purposes of this Act, an accommodation bond balance (within the
meaning of the Aged Care Act 1997) in respect of an accommodation bond (within
the meaning of that Act) paid by a person is taken to be an asset of the
person. 94 Application The amendments of the Veterans' Entitlements Act 1986
made by this Part apply in relation to an instalment of pension paid after the
day on which the Aged Care Act 1997 commences.