Document ID: chunk:federal_register_of_legislation:C2008A00001:clause:1_26:p1
Version: federal_register_of_legislation:C2008A00001
Segment Type: clause
Provision Reference: sch 1 cl 26 (pt 1/2)
Character Range: 7588–10390

26  After section 44‑5
Insert:

44‑5A  The accommodation supplement

 (1) The accommodation supplement for the care recipient in respect of the *payment period is the sum of all the accommodation 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 an accommodation supplement.

 (2) The care recipient is eligible for an accommodation supplement on a particular day if, on that day:
 (a) the care recipient's *classification level is not the lowest applicable classification level; and
 (b) the care recipient is a *supported resident; and
 (c) the residential care service is *certified; and
 (d) the residential care provided to the care recipient is not provided on an extra service basis for the purposes of Division 36.

 (3) The accommodation supplement for a particular day is the amount:
 (a) determined by the Minister by legislative instrument; or
 (b) worked out in accordance with a method determined by the Minister by legislative instrument.

 (4) The Minister may determine different amounts (including nil amounts) or methods based on any one or more of the following:
 (a) the value of assets held by a care recipient;
 (b) any other matter specified in the Residential Care Subsidy Principles.

44‑5B  Meaning of supported resident

 (1) A person is a supported resident on a particular day if:
 (a) on that day, the person is being provided with residential care (other than *respite care) through a residential care service; and
 (b) on that day, the person is a *post‑2008 reform resident; and
 (c) the amount determined by the Secretary by legislative instrument in relation to that day for the purposes of this paragraph is equal to or more than the value of the person's assets at the time at which the person *entered the residential care service or such other time specified in the Residential Care Subsidy Principles.

Note: Some *supported residents may be required to pay an *accommodation bond or an *accommodation charge—see sections 57‑12 and 57A‑6.

If there is financial hardship

 (2) A person is also a supported resident if:
 (a) a determination is in force under section 57‑14 or 57A‑9 in respect of the person; and
 (b) the person is a *post‑2008 reform resident.

44‑5C  Meaning of post‑2008 reform resident

  A person is a post‑2008 reform resident if the person is being provided with residential care through a residential care service and the person is not a *pre‑2008 reform resident.

44‑5D  Meaning of pre‑2008 reform resident

 (1) A person is a pre‑2008 reform resident if:
 (a) the person is being provided with residential care through a residential care service;