Document ID: chunk:federal_register_of_legislation:F2025C00053:reg:91:p1
Version: federal_register_of_legislation:F2025C00053
Segment Type: reg
Provision Reference: reg 91 (pt 1/2)
Character Range: 73665–76349

91  Amount of accommodation supplement—general rule
 (1) This section applies in relation to a care recipient if:
 (a) the recipient is provided with residential care as non‑respite care through a residential care service on a day; and
 (b) on that day, section 91A does not apply in relation to the recipient.
 (2) The amount of the accommodation supplement for the day for the care recipient is:
 (a) if the residential care percentage for the residential care service for the payment period in which the day occurs is 40% or more—the reduced applicable amount for the day for the recipient; or
 (b) otherwise—the amount worked out by reducing the reduced applicable amount for the day for the recipient by 25%.

Residential care percentage
 (3) The residential care percentage for a residential care service for a payment period is worked out using the following formula:

  where:
care for all residents means the total number of days, in the payment period, on which the residential care service provided residential care as non‑respite care to each care recipient:
 (a) who is approved under Part 2.3 of the Aged Care Act 1997 as a recipient of that kind of care; and
 (b) who is not an excluded resident.
care for relevant residents means the total number of days, in the payment period, on which the residential care service provided residential care as non‑respite care to each care recipient:
 (a) who is approved under Part 2.3 of the Aged Care Act 1997 as a recipient of that kind of care; and
 (b) who is a relevant resident; and
 (c) who is not an excluded resident.
excluded resident: a care recipient is an excluded resident if both of the following apply in relation to the recipient:
 (a) the recipient is provided with residential care as non‑respite care on an extra service basis (within the meaning of subsection 36‑1(1) of the Aged Care Act 1997) on a day;
 (b) a determination is not in force under section 52K‑1 of that Act in relation to the recipient on the day.
relevant resident means each of the following:
 (a) a care recipient who is eligible for a concessional resident supplement for a day under section 44‑6 of the Transitional Provisions Act;
 (b) a supported resident;
 (c) a low‑means care recipient.

Reduced applicable amount
 (4) The reduced applicable amount for a day for a care recipient is worked out using the following formula:

  where:
applicable amount means the applicable amount for the day for the care recipient.
assets‑related amount means:
 (a) if a determination is in force under paragraph 57‑14(1)(b) of the Transitional Provisions Act in relation to the care recipient—the amount equal to the sum of:
 (i) the maximum amount