Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p6
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 13554–16401

"$80", substitute "$2,444" and "$94", respectively.

34. Point 41-C12 (Table C-2—item 2):

Omit "$1,820" and "$70", substitute "$2,132" and "$82", respectively.

SCHEDULE 1—continued

35. After Module C of the Service Pension Rate Calculator at the end of section 41:

Insert:

"MODULE CAA—RESIDENTIAL CARE ALLOWANCE

Residential care allowance

"41-CAA 1. Residential care allowance is an amount that may be added to the maximum basic rate to help cover the cost of accommodation of a person in residential care. A person who is eligible for residential care allowance under point 4I-CAA2 can have added to his or her maximum basic rate the amount applying to that person under point 41-CAA5. This is the provisional amount of residential care allowance the person is entitled to. However, if the person or the person's partner receives disability pension, the provisional amount of residential care allowance may be reduced under point 41-CAA6.

Note: For disability pension see section 5N and for in residential care see subsection 5NAA(2).

Eligibility for residential care allowance

"41-CAA2. Residential care allowance is to be added to a person's maximum basic rate if:

(a) the person is in residential care; and

(b) the person is not an excluded property owner; and

(c) the person's rate of pension does not include an amount of rent assistance; and

(d) the person pays, or is liable to pay, a residential care charge for the person's residential care; and

(e) the charge is payable at a rate that is higher than the residential care charge threshold rate; and

(f) the person is in Australia.

Note 1: For in residential care, excluded property owner and residential care charge see section 5NAA.
Note 2: For residential care charge threshold rate see point 41-CAA3.

Residential care charge threshold rate

"41-CAA3. A person's residential care charge threshold rate is $1,674.40 per year (equivalent to $64.40 per fortnight).

Note: The amounts are indexed 6 monthly in line with CPI increases (see sections 59B to 59E).

Factors affecting rate of residential care allowance

"41-CAA4. The rate of residential care allowance depends on:

SCHEDULE 1—continued

(a) the annual residential care charge paid or payable by the person; and

(b) whether or not the person or the person's partner is receiving a disability pension.

Note: For residential care charge and disability pension see sections 5NAA and 5N, respectively.

Rate of residential care allowance

"41-CAA5. The rate of residential care allowance is whichever is the lesser of the following rates:

(a) the rate per year worked out using the formula:

;

(b) $1,882.40 per year;

where:

annual charge means the annual residential care charge paid or payable by the person whose pension rate is being calculated.

Note 1: For residential care charge threshold rate see