Aged Care and Other Legislation Amendment Act 2025 (45 of 2025)

Schedule 1   Amendment of the Aged Care Act 2024

Part 1   Amendments commencing immediately after the commencement of the Aged Care Act 2024

Aged Care Act 2024

208   Subsections 308(4A) and (5)

Repeal the subsections, substitute:

Calculating an individual's retention period

(5) A day is only to be counted for the purposes of calculating an individual's retention period if:

(a) on the day, a registered provider delivers ongoing funded aged care services to the individual through the service group residential care in an approved residential home; and

(b) the individual has paid a refundable deposit in relation to the delivery of those services in the approved residential care home (regardless of whether the refundable deposit balance is nil on the day).

Note: For paragraph (a), on each day during which an individual is on leave mentioned in subsections 244(3) to (7) from an approved residential care home, the individual is taken to have been delivered ongoing funded aged care services through the service group residential care by the registered provider in the approved residential care home: see subsection 244(2).

(6) For the purposes of subsection (5), an individual is also taken to have been delivered ongoing funded aged care services through the service group residential care by the registered provider in the approved residential care home on a day if the individual:

(a) is absent from the approved residential care home on the day; and

(b) is not on leave from the approved residential care home on the day (see section 244); and

(c) would have been on social leave from the approved residential care home on the day except that the individual has previously been on social leave during the current financial year for 52 days.

Rules may exempt certain classes of individuals

(7) This section does not apply in respect of an individual's refundable deposit balance if the individual is in a class of individuals prescribed by the rules.