Document ID: chunk:federal_register_of_legislation:C2009A00060:clause:17_16:p1
Version: federal_register_of_legislation:C2009A00060
Segment Type: clause
Provision Reference: sch 17 cl 16 (pt 1/5)
Character Range: 168838–171581

16  Sections 58‑3, 58‑4 and 58‑4A
Repeal the sections, substitute:

58‑3  Standard resident contribution

General rule
 (1) The standard resident contribution for a care recipient is the amount obtained by rounding down to the nearest cent an amount equal to 84% of the *basic age pension amount (worked out on a per day basis).

Exceptions
 (2) However, the standard resident contribution for a care recipient who is:
 (a) a *protected resident; or
 (b) a care recipient to whom section 58‑3C applies; or
 (c) a *phased resident;
is the amount referred to in subsection 58‑3B(3), 58‑3C(3) or 58‑4(4) (as the case requires).

58‑3A  Meaning of pre‑September 2009 resident and post‑September 2009 resident

Pre‑September 2009 resident
 (1) A person is a pre‑September 2009 resident if:
 (a) the person is being provided with residential care through a residential care service; and
 (b) either:
 (i) the person *entered a residential care service before 20 September 2009; or
 (ii) the person was on *pre‑entry leave from a residential care service immediately before 20 September 2009 and the person entered the residential care service on or after 20 September 2009 at the end of that pre‑entry leave; and
 (c) the person has not had a break in residential care of more than 28 days between:
 (i) the last residential care service through which residential care was provided, or taken to be provided, to the person before 20 September 2009 and the next residential care service through which residential care is provided, or taken to be provided, to the person; and
 (ii) any residential care service through which residential care is provided, or taken to be provided, to the person on or after 20 September 2009 and the next residential care service through which residential care is provided, or taken to be provided, to the person.

Post‑September 2009 resident
 (2) A person is a post‑September 2009 resident if:
 (a) the person is being provided with residential care through a residential care service; and
 (b) the person is not a *pre‑September 2009 resident.

Break in residential care
 (3) For the purposes of subsection (1), the period:
 (a) beginning on the day on which a person ceases to be provided with residential care through a residential care service (other than because the person is on *leave from the residential care service); and
 (b) ending on the day on which the person *enters, or begins *pre‑entry leave, with the next residential care service through which residential care is provided, or taken to be provided, to the person;
is a break in residential care for the person.

Person not provided with residential care while on respite leave
 (4) For the purposes of subsections (1), (2) and (3), a person is not