Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 44.8A

             (1)  The charge exempt resident supplement for the care recipient in respect of the * payment period is the sum of all the charge exempt resident supplements for the days during the period on which:

                     (a)  the care recipient was provided with residential care (other than * respite care) through the residential care service in question; and

                     (b)  the care recipient was eligible for a charge exempt resident supplement.

             (2)  The care recipient is eligible for a charge exempt resident supplement on a particular day (whether before or after this section commences) if, on that day:

                     (a)  the care recipient is a * charge exempt resident; and

                     (b)  the residential care service is * certified; and

                     (c)  the residential care provided to the care recipient is not provided on an extra service basis for the purposes of Division 36.

             (3)  The charge exempt resident supplement for a particular day is:

                     (a)  $12.17; or

                     (b)  such other amount as the Minister determines by legislative instrument.

             (4)  The Minister may determine different amounts (including nil amounts) under subsection (3) based on any one or more of the following:

                    (aa)  the maximum rate of accommodation supplement;

                     (a)  the maximum rate of concessional resident supplement;

                     (b)  if the care recipient is an * assisted resident--whether a reduced amount of concessional resident supplement is payable in respect of the care recipient under subsection 44-6(6);

                   (ba)  if the care recipient is a * supported resident--the amount of the accommodation supplement that is payable in respect of the care recipient on a particular day;

                     (c)  any other matters specified in the Residential Care Subsidy Principles.

             (5)  In the circumstances specified in the Residential Care Subsidy Principles, the Secretary may determine that an amount of charge exempt resident supplement that would otherwise be payable for a particular care recipient is not payable to the provider concerned.

             (6)  In that case, the Secretary must:

                     (a)  use his or her best endeavours to find the care recipient or, if the care recipient is deceased, the care recipient's legal representatives or such other person as is specified in the Residential Care Subsidy Principles; and

                     (b)  if the appropriate person can be found under paragraph (a)--pay the amount directly to the appropriate person or to the care recipient's estate, as the case requires.

If no appropriate person can be found under paragraph (a), the Secretary need not take any further action in relation to the amount.