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Aged care means assessment 065-09000000



Legislation

Links to the Federal Register of Legislation go to a ‘Series’ page. Select the ‘Latest’ version.

Primary Legislation - Aged Care Act 1997

Aged Care Act 1997

Chapters 3 and 3A of this Act relate to means testing and apply to care recipients assessed under post 1 July 2014 schemes. The remaining chapters of this act apply to all care recipients.

Refer to the Aged Care (Transitional Provisions) Act 1997 for references related to means testing for care recipients assessed under pre 1 July 2014 schemes.

Home care

Chapter 3 - Subsidies > Part 3.2 - Home care subsidy

  • Division 48 - What is the amount of home care subsidy?
    • 48-1 Amount of home care subsidy
    • 48-7 The care subsidy reduction

Chapter 3A - Fees and payments

  • Part 3A.1 - Resident and home care fees
    • Division 52D - Home care fees

Residential care

Chapter 3 - Subsidies > Part 3.1 - Residential care subsidy

  • Subdivision 44 D - Reductions in subsidy
    • 44-21 The care subsidy reduction
    • 44-22 Working out the means tested amount (income testing)
    • 44-24 The care recipient’s total assessable income
    • 44-26A The value of a person’s assets
    • 44-26B Definitions relating to the value of a person’s assets
    • 44-26C Determination of value of person’s assets

Chapter 3A - Fees and payments

  • Part 3A.1 - Resident and home care fees
    • Division 52C - Resident fees
  • Part 3A.2 - Accommodation payments and accommodation contributions
    • Division 52E - Introduction
    • Division 52F - Accommodation agreements

Primary Legislation - Aged Care (Transitional Provisions) Act 1997

The Aged Care (Transitional Provisions) Act 1997 applies only to care recipients assessed under pre 1 July 2014 schemes.

Residential care

Chapter 3 - Subsidies > Part 3.1 - Residential care subsidy

  • Subdivision 44 C - Primary supplements
    • 44-5B Meaning of supported resident
    • 44-5C Meaning of post 2008 reform resident
    • 44-5D Meaning of pre 2008 reform resident
    • 44-7 Meaning of concessional resident
    • 44-8 Meaning of assisted resident
    • 44-8AB Determination of value of person’s assets
    • 44-8B Meaning of charge exempt resident
    • 44-10 How to work out the value of a person’s assets
    • 44-11 Definitions relating to supported residents, concessional residents and assisted residents
  • Subdivision 44-E - The income test
    • 44-21 The income test
    • 44-23 Effect on daily income tested reduction of failure to give requested information
    • 44-24 The care recipient’s total assessable income
    • 44-26 The care recipient’s total assessable income free area

Chapter 4 - Responsibilities of approved providers

  • Division 57 - What are the responsibilities relating to accommodation bonds?
    • Subdivision 57 D - Amounts of accommodation bonds
  • Division 57A - What are the responsibilities relating to accommodation charges?
    • 57A - 6 Maximum daily accrual amount of accommodation charge
  • Division 58 - What are the responsibilities relating to resident fees?
    • 58-3A Meaning of pre September 2009 resident and post September 2009 resident
    • 58-3B Standard resident contribution - protected residents
    • 58-3C Standard resident contribution - certain pre 2008 reform residents

Subordinate Legislation - Subsidy Principles 2014

The Subsidy Principles 2014 are made under the Aged Care Act 1997. Chapters 2 and 3 of these principles relate to means testing and apply to care recipients assessed under post 1 July 2014 schemes. The remaining chapters apply to all care recipients.

Refer to the Aged Care (Transitional Provisions) Principles 2014 for references related to means testing for care recipients assessed under pre 1 July 2014 schemes.

Home care

Chapter 3 - Home care subsidy

  • Subdivision C - Care subsidy reduction - amounts excluded from total assessable income

Residential care

Chapter 2 - Residential care subsidy > Part 3 - What is the amount of residential care subsidy? > Division 4 - Reductions in subsidy

  • Subdivision C - Care subsidy reduction - amounts excluded from total assessable income
    • 41 Working out care recipient’s means tested amount - amounts excluded from care recipient’s total assessable income
  • Subdivision CA - Care subsidy reduction - amounts included in total assessable income
  • Subdivision D - Care subsidy reduction - value of assets
    • 47 Working out care recipient’s means tested amount - value of assets
    • 48 Meaning of homeowner

Subordinate Legislation - Aged Care (Transitional Provisions) Principles 2014

The Aged Care (Transitional Provisions) Principles 2014 are made under the Aged Care (Transitional Provisions) Act 1997. They apply only to care recipients assessed under pre 1 July 2014 schemes.

Residential care

Chapter 2 - Residential care subsidy > Part 3 - What is the amount of residential care subsidy?

  • Division 5 - Value of assets
    • 44 Working out the value of assets
  • Division 7 - The income test
    • 48 Amounts excluded from care recipient’s total assessable income