Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p10
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 25028–27813

couples and respite care couples.".

47. Point 42-D14:

(a) Omit ", 2 or 3".

(b) Omit "or the person's partner".

48. Point 42-D15:

Omit "item 3", substitute "item 2".

49. Point 42-D16:

Insert after "Part III" in paragraph (a) "or Part IIIA".

50. After Module D of the Service Pension Rate Calculator at the end of section 42:

Insert:

"MODULE DAAA—RESIDENTIAL CARE ALLOWANCE

Residential care allowance

"42-DAAA1. 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

SCHEDULE 1—continued

allowance under point 42-DAAA2 can have added to his or her maximum basic rate the amount applying to that person under point 42-DAAA5. This is the provisional amount of residential care allowance the person is entitled to. However, if the person or the person's partner receives disability pension, the provisional amount of residential care allowance may be reduced under point 42-DAAA6.

Note: For disability pension see section 5N and for in residential care see subsection 5NAA(2).

Eligibility for residential care allowance

"42-DAAA2. Residential care allowance is to be added to a person's maximum basic rate if:

(a) the person is in residential care; and

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

(c) the person's rate of pension 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 42-DAAA3.

Residential care charge threshold rate

"42-DAAA3. A person's residential care charge threshold rate is $2,236 per year (equivalent to $86 per fortnight).

Note: The amounts are indexed 6 monthly in line with CPI increases (sec sections 59B to 59E).

Factors affecting rate of residential care allowance

"42-DAAA4. The rate of residential care allowance depends on:

(a) the annual residential care charge paid or payable by the person; and

(b) whether or not the person or the person's partner is receiving a disability pension; and

(c) the number of pension increase children (if any) that the person has.

Note 1: For residential care charge and disability pension see sections 5NAA and 5N respectively.
Note 2: For pension increase child see subsection 5F(6).

Rate of residential care allowance

"42-DAAA5.(1) The rate of residential care allowance in respect of a person is the rate per year that is