Last amended: 1 August 2014
Supported Residential Services (SRS) operate privately in the ACT, New South Wales, Queensland, South Australia, Tasmania and Victoria. They offer supported accommodation to older people and people with a disability. They vary greatly in terms of the accommodation and the level of care.
There are SRS that specialise in, or have a majority of pension age [2] residents. Some SRS are located within a retirement village [2] complex. Others provide more basic bedrooms (possibly shared) in a house or complex, for frail older adults and/or people with intellectual and psychiatric disabilities. SRS must be approved and registered with either their state or local governments and operate according to state or local government legislative requirements. SRS are not funded under the Aged Care Act 1997, nor are they required to meet aged care provider accreditation requirements. Any person can apply for SRS accommodation and no aged care assessment is required.
SRS do not receive government funding. Residents essentially fund the SRS via the recurrent fees payable, which cover accommodation, meals and the level of care provided. Generally, to enter SRS accommodation the facility does not require a payment for accommodation costs, or apply a means test. A resident is free to leave at short notice. However, SRS facilities at the upper end of the market may charge residents an entry contribution [2].
SRS are primarily regulated by State Governments through health, residential or community services legislation. In South Australia, SRS are regulated through local government. Any person can apply for SRS accommodation and no aged care assessment is required. The definition of an aged care resident in subsection 5NC(5) [3] of the VEA makes reference to approved care and approved provider under the Aged Care Act 1997. As SRS are not funded under the Aged Care Act 1997, nor are they required to meet aged care provider accreditation requirements, they are not approved aged care facilities and SRS residents are not regarded as aged care residents for income support purposes.
The level of care provided in SRS vary. Some SRS residents will be living independently with very limited support. However, some residents may have a need for considerable support. A person living in a SRS may now be regarded as being in care if they can demonstrate that they have been receiving or are likely to receive a substantial level of care [2] for at least 14 consecutive days. If a person living in an SRS is regarded as being in care, the in care assessment rules apply. Each case needs to be carefully considered on its own merits. Please contact Policy Advisings Income Support for advice regarding any affected cases and clarification of backdating.
More ? [4]
VEA ? [5]
The Commission has the discretionary powers to determine that residential premises constitute a retirement village if the premises have similar functions.
SRS premises requiring an entry contribution can generally be considered as a retirement village under the discretion cited above, unless there is any evidence that the premises are not primarily intended for people over 55 years of age.
However, in making such a determination, the delegate should still look at all the circumstances of the case, taking into account:
The following table demonstrates how a resident in SRS premises should be assessed.
If the SRS resident... |
Then... |
|
assess under the special resident – basic assessment rules. More ? [6]
Note: This assessment will determine the SRS resident's homeownership status, access to rent assistance and entry contribution treatment. |
|
assess under the non-homeowner's basic assessment rules. More ? [7] |
did not pay an entry contribution |
assess under the non-homeowner's basic assessment rules. More ? [8] |
can demonstrate that they have been receiving or are likely to receive a substantial level of care for at least 14 consecutive days |
assess under the in care – basic assessment rules More ? [9] |
Currently, the pension age for a veteran is 60 years of age (VEA 5QA).
The pension age for a non-veteran is determined by the table below:
Date of birth (both dates inclusive) | Age Pension age |
1 July 1952 to 31 December 1953 | 65 years and 6 months |
1 January 1954 to 30 June 1955 | 66 years |
1 July 1955 to 31 December 1956 | 66 years and 6 months |
On or after 1 January 1957 | 67 years |
According to subsection 5M(3) of the VEA [19], premises constitute a retirement village if:
An entry contribution is the amount paid or agreed to be paid by a person for the right to live in a:
If a person lives in a home subject to a sale leaseback agreement, the entry contribution is the balance of the amount still to be paid by a buyer, at the date of a sale leaseback agreement.
Refer to Section 52M of the VEA for the full definition.
To determine whether a care receiver requires and is receiving a substantial level of care, they should meet one or more of the following criteria:
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16133%23comment-form
[2] https://clik.dva.gov.au/%23
[3] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[4] https://clik.dva.gov.au/book/export/html/16133#tgt-cspol_part9_ftn284
[5] https://clik.dva.gov.au/book/export/html/16133#tgt-cspol_part9_ftn285
[6] https://clik.dva.gov.au/book/export/html/16133#tgt-cspol_part9_ftn286
[7] https://clik.dva.gov.au/book/export/html/16133#tgt-cspol_part9_ftn287
[8] https://clik.dva.gov.au/book/export/html/16133#tgt-cspol_part9_ftn288
[9] https://clik.dva.gov.au/book/export/html/16133#tgt-cspol_part9_ftn289
[10] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/92-residential-situation/924-care-assessment-rules/care-assessment-rules
[11] https://clik.dva.gov.au/book/export/html/16133#ref-cspol_part9_ftn284
[12] https://clik.dva.gov.au/book/export/html/16133#ref-cspol_part9_ftn285
[13] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/92-residential-situation/925-special-residence-assessment-rules/special-residence-basic-assessment-rules
[14] https://clik.dva.gov.au/book/export/html/16133#ref-cspol_part9_ftn286
[15] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/92-residential-situation/922-basic-principles-assessment/non-homeowners-basic-assessment-rules
[16] https://clik.dva.gov.au/book/export/html/16133#ref-cspol_part9_ftn287
[17] https://clik.dva.gov.au/book/export/html/16133#ref-cspol_part9_ftn288
[18] https://clik.dva.gov.au/book/export/html/16133#ref-cspol_part9_ftn289
[19] http://clik.dva.gov.au/legislation-library