Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p17
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 43935–46709

end of section 45X:

Insert:

"MODULE DA—RESIDENTIAL CARE ALLOWANCE

Residential care allowance

"45X-DA1. 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 45X-DA2 can have added to his or her maximum basic rate the amount applying to that person under point 45X-DA5.

Note: For in residential care see subsection 5NAA(2).

Eligibility for residential care allowance

"45X-DA2. Residential care allowance is to be added to a person's maximum basic rate if:

SCHEDULE 1—continued

(a) the person is in residential care; and

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

(c) the person's rate of income support supplement 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 45X-DA3.

Residential care charge threshold rate

"45X-DA3. 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

"45X-DA4. The rate of residential care allowance depends on the annual residential care charge paid or payable by the person.

Note: For residential care charge see section 5NAA.

Rate of residential care allowance

"45X-DA5. 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 supplement rate is being calculated.

Note 1: For residential care charge threshold rate see point 4SX-DA3.

Note 2: For residential care charge see section 5NAA.

     Note 3: The residential care charge threshold rate is in point 45X-DA3. This rate and the amount in paragraph (b) are indexed 6 monthly in line with CPI increases (see sections S9B to 59E).

     SCHEDULE 1—continued

Cost of accommodation paid by member of an illness separated or respite care couple

"45X-DA6. If a person is a member of an illness separated couple or a respite care couple, any amount that the person's partner pays or is liable to pay in respect of the accommodation of the person is to be treated as