Document ID: chunk:federal_register_of_legislation:F2025C00076:reg:130:p1
Version: federal_register_of_legislation:F2025C00076
Segment Type: reg
Provision Reference: reg 130 (pt 1/2)
Character Range: 174838–177489

130  Determination of levels of maximum daily amounts of home care fees
 (1) For section 60‑2 of the Transitional Provisions Act, this section specifies matters for determining the maximum daily amount of home care fees payable by a care recipient if the approved provider requires the care recipient to pay home care fees.
 (2) If the care recipient's income does not exceed the amount of the maximum basic rate of pension payable from time to time under Part 2.2 of the Social Security Act to persons classed as "Not a member of a couple", the fees must, unless subsection (4) applies, be determined so that they do not exceed the following:
 (a) if the care recipient's level of home care is level 1—15.68% of that maximum basic rate of pension;
 (b) if the care recipient's level of home care is level 2—16.58% of that maximum basic rate of pension;
 (c) if the care recipient's level of home care is level 3—17.05% of that maximum basic rate of pension;
 (d) if the care recipient's level of home care is level 4—17.50% of that maximum basic rate of pension.
 (3) If the care recipient's income exceeds the amount of maximum basic rate of pension, the fees must be determined so that they do not exceed an amount equal to the amount of fees permitted under subsection (2) plus 50% of the amount by which the care recipient's income exceeds the amount of maximum basic rate of pension, unless subsection (4) applies.
 (4) If:
 (a) the care recipient receives a pension under the Social Security Act and the care recipient's family situation under Part 2.2 of that Act is classified as "Partnered (partner getting pension or benefit)"; or
 (b) the care recipient receives an equivalent pension under the Veterans' Entitlements Act;
the fees must be determined so that they do not exceed an amount equal to the amount of fees permitted under subsection (2) plus 50% of the amount by which the care recipient's income exceeds the amount of maximum basic rate of pension payable to the care recipient.
 (5) The care recipient must not be charged a home care fee for any period during which:
 (a) the provision of home care to the care recipient is suspended under section 46‑2 of the Transitional Provisions Act; and
 (b) the care recipient is receiving:
 (i) transition care; or
 (ii) residential care provided as respite care.
 (6) For this section:
income:
 (a) means income after income tax and medicare levy; and
 (b) does not include:
 (i) pharmaceutical allowance, rent assistance or telephone allowance payable under the Social Security Act or the Veterans' Entitlements Act; or
 (ii) a pension supplement payable under the Social Security Act