People who were in residential care on 30 June 2014 remain under their fee arrangements unless they leave care for more than 28 days or move to a new facility and elect to be covered by the new arrangements. They are referred to as continuing care residents [3]. If a resident chooses to opt in to the post 1 July 2014 arrangements, they will need to be assessed as a new entrant.
There are two main types of care fees that residents may be asked to pay:
Residents with sufficient income could be asked to pay an income-tested fee but there was no asset testing for care fees.
Residents may also be asked to pay an extra service fee. This is an extra payment if a higher standard of accommodation is chosen or additional services, such as hairdressing or pay TV in rooms, is elected.
There are two categories of accommodation payments:
Residents with sufficient assets could be asked to make an accommodation payment. The assets assessment for their accommodation bond/charge is based on a snapshot of the person's circumstances as at their date of entry to care or the date the determination was made.
A resident who was in care prior to 1 July 2014, who has not had a break in care of more than 28 days (other than approved leave) and who has not moved services and elected to be covered by the new arrangements. They are subject to the fee and assessment arrangements as they existed on 30 June 2014.
A contribution towards day-to-day living costs such as meals, cleaning, laundry, heating and cooling. Everyone entering an aged care home or taking up a Home Care Package can be asked by their service provider to pay the basic fee.
An accommodation bond is an amount of money paid by Low Level Care [3] and Extra Service Care [3] residents in an aged care facility. An accommodation bond may be paid as a lump sum, or by periodic payments, or a combination of both lump sum and periodic payments.
The provider can deduct a monthly retention amount, for a maximum of 5 years, from the accommodation bond. The monthly retention amount is a fixed amount specified in the accommodation agreement and cannot exceed the capped maximum amount applicable at the time of entry to the facility. The provider also retains any interest derived from the bond.
The balance of the lump sum accommodation bond is refundable to the resident or their estate on departure. The refunded accommodation bond balance is an assessable asset.
If there is a liability under the accommodation bond agreement for the bond to be paid wholly, or partly by periodic payments and the former principal home is rented out, then both the former home and the rental income are exempt from the income and assets tests.
An accommodation charge is an additional daily fee, which is paid by person's residing in ACAT approved permanent High Level Care.
It is paid in addition to the standard resident daily care fee and any additional income tested fee, which may apply.
Accommodation charges are payable for as long as a resident remains in care. For those residents who entered care prior to 1 July 2004 the accommodation charge is limited to a maximum five years.
See Also:
http://clik.dva.gov.au/glossary/acat [8] - defintion of ACAT
http://clik.dva.gov.au/glossary/high-level-care [9] - definition of 'High Level Care'
An accommodation charge only applies to those persons entering an aged care facility prior to 1 July 2014.
All residents pay the basic fee, also known as resident contribution (the basic fee is also payable by those subject to post 1 July 2014 rules see topic 3.2.2 [11]).
Basic fees are indexed in March and September each year. Aged care providers and residents are advised by the DHS of the actual rates that apply to each resident.
DVA pays the basic fee for Australian former prisoners of war.
The standard resident contribution is 85 per cent of the basic age pension but there are exceptions which fall into two groups: protected and non-standard. (From 20 March 2013, the further group of phased resident status ceased to exist.) The exception groups are in place to ensure there is an equitable pension increase flow-on to residents and aged care providers following the 2009 Pension reform changes. If a resident’s circumstances change on or after 20 September 2009 and the criteria are no longer met, the standard resident contribution rate would apply.
Residents with sufficient assessable income may be charged an income-tested fee from their date of entry, for residents entering care on or after 1 January 2010 and before 1 July 2014. For those who entered care prior to this date (including those on pre-entry leave), the income-tested fee did not apply for the first 28 days of occupancy. Residents who have continuously been a permanent aged care resident since before 1 March 1998 are exempt from paying an income-tested fee.
The amount of the income-tested fee is equal to 5/12 of the care recipient’s ‘total assessable income’ above the ‘total assessable income free area’. However, a resident cannot be asked to pay more than the cost of their care. A maximum income-tested fee amount is also prescribed in the Aged Care legislation.
44-21 The income test – Aged Care (Transitional Provisions) Act 1997
Changes to a person’s income will result in changes to the income-tested fee. DVA will use the information collected for income support payment purposes to update a resident’s income for aged care purposes.
A self-funded retiree should advise Centrelink (or DVA if applicable) of any changes in their circumstances.
An accommodation bond is defined within the Aged Care Act 1997 as being an amount of money, payable to an approved provider in respect of a person's entry into a residential care service or flexible care service, not being amounts that accrue daily.
The limitation of the accommodation bond to the amount paid in respect of entry into care requires that components of the payment which are identified as unrelated to the initial entry cannot be recognised as part of the accommodation bond. For example, a person may agree to the advance payment, by lump sum, of their ongoing basic fees at the time of negotiating the accommodation bond with the provider. As this payment is in respect of ongoing costs, rather than to enter care, and comprises amounts that are otherwise paid daily, it must be excluded from the allowed accommodation bond amount.
An accommodation bond [3] is like an interest-free loan to the aged care facility, that may be payable by certain care recipients, dependent on the level of care they receive and their capacity to pay.
If a care recipient, receives... |
Then an accommodation bond is... |
Low Level Care [3] |
Payable if the resident has sufficient assets |
Payable if the resident has sufficient assets | |
High Level Care [3] |
Generally not payable Note: An Accommodation Charge [3] may be payable |
The amount a person pays as an accommodation bond is negotiated and agreed between the person requiring care (or their representative) and the aged care facility, but it cannot leave a resident with residual assets below the minimum level. Some facilities may decide not to charge accommodation bonds.
Options for payment of accommodation bond
An accommodation bond can be paid as:
Where the bond is to be paid in a lump sum, the resident has one month and one day from the due date as set out in the bond agreement in which to pay the bond in full without penalty. A resident can choose not to pay the accommodation bond for six months following entry to the aged care facility, but interest will accrue from the date of entry.
The bond money is held by the facility which can deduct or drawdown a monthly retention amount for a maximum of five years. The retention amount is capped from the date of entry to care and is specified in the resident agreement, but can be no higher than the capped maximum retention set by DSS. The balance of the bond is refundable to the resident, or estate when the resident leaves the facility or dies.
Where a person chooses to pay a bond as periodic payments, each payment may consist of different components which cover the:
If a person in residential aged care rents their former home and is liable to pay the Accommodation Bond [3] wholly, or partly, by periodic payments, then the rental income received and the former home are exempt from the income and assets tests. The exemption applies for as long as the person is making periodic bond payments and continues to own and rent out the former home.
This exemption generally does not apply if the accommodation bond agreement specifies that the accommodation bond will be paid by a lump sum payment only. However, if the parties enter into an arrangement to pay some of the amount periodically post-entry, this can be recognised as a "liability to pay" provided there is sufficient evidence to the satisfaction of the delegate. Evidence may include a letter from the facility outlining the specifics of the periodic payment commitments, or the resident’s bond or fee statement confirming actual periodic payments being made, and accepted by the facility to adjust the outstanding bond balance.
Once an agreement is entered into, the amount of accommodation bond that is paid cannot be changed, even if the person's circumstances change. However the way that the bond is paid can be varied, with the consent of both the resident and the aged care provider. As such, if a resident informs DVA of changed payment arrangements, the original resident and/or accommodation bond agreement should be revised so that it provides for an amount of the accommodation bond to be paid by periodic payments.
Periodic payments can only include a retention component (representing the allowed drawdown amounts) for a maximum of five years. For the remainder of the person's period in aged care, the periodic payment would be based only on the interest income the provider could have derived from the full lump equivalent.
Where any part of the agreed lump sum accommodation bond is not paid in full, the periodic payment of the outstanding amount, whether comprising a combination of retention amounts plus interest, or solely interest, are still regarded as being periodic payments for aged care purposes.
Therefore, as interest-only payments still satisfy the test of being a periodic payment of the accommodation bond, the exemption of the former principal home and the rental income may continue beyond the maximum five year period allowed for drawdown amounts.
A person may have an agreement to pay an accommodation bond fully by lump sum, but the actual payment is delayed. Where a person is charged interest-only payments until such time as the agreed full lump sum payment is finalised, this situation is not regarded as representing a liability to make a periodic payment, as the arrangements fall outside the scope of the agreement.
An accommodation bond is an amount of money paid by Low Level Care [3] and Extra Service Care [3] residents in an aged care facility. An accommodation bond may be paid as a lump sum, or by periodic payments, or a combination of both lump sum and periodic payments.
The provider can deduct a monthly retention amount, for a maximum of 5 years, from the accommodation bond. The monthly retention amount is a fixed amount specified in the accommodation agreement and cannot exceed the capped maximum amount applicable at the time of entry to the facility. The provider also retains any interest derived from the bond.
The balance of the lump sum accommodation bond is refundable to the resident or their estate on departure. The refunded accommodation bond balance is an assessable asset.
If there is a liability under the accommodation bond agreement for the bond to be paid wholly, or partly by periodic payments and the former principal home is rented out, then both the former home and the rental income are exempt from the income and assets tests.
Hostel type services, which cater for those people who need middle to lower levels of help with daily tasks and personal care.
Services in this category include:
Low level care is also known as Category 5-8 care.
Some residential aged care facilities offer residents a higher standard of accommodation, food and services at a higher charge. These facilities are called 'extra service' facilities.
These places have in the past also been known as “Exempt Facility Places” and “Exempt Nursing Home Places”
Nursing Home type services which provide a higher level of care for people who need continuous nursing care as well as help with personal care.
Services in this category include:
High level care is also known as Category 1-4 care.
An accommodation charge is an additional daily fee, which is paid by person's residing in ACAT approved permanent High Level Care.
It is paid in addition to the standard resident daily care fee and any additional income tested fee, which may apply.
Accommodation charges are payable for as long as a resident remains in care. For those residents who entered care prior to 1 July 2004 the accommodation charge is limited to a maximum five years.
See Also:
http://clik.dva.gov.au/glossary/acat [8] - defintion of ACAT
http://clik.dva.gov.au/glossary/high-level-care [9] - definition of 'High Level Care'
An accommodation charge only applies to those persons entering an aged care facility prior to 1 July 2014.
An accommodation bond is an amount of money paid by Low Level Care [3] and Extra Service Care [3] residents in an aged care facility. An accommodation bond may be paid as a lump sum, or by periodic payments, or a combination of both lump sum and periodic payments.
The provider can deduct a monthly retention amount, for a maximum of 5 years, from the accommodation bond. The monthly retention amount is a fixed amount specified in the accommodation agreement and cannot exceed the capped maximum amount applicable at the time of entry to the facility. The provider also retains any interest derived from the bond.
The balance of the lump sum accommodation bond is refundable to the resident or their estate on departure. The refunded accommodation bond balance is an assessable asset.
If there is a liability under the accommodation bond agreement for the bond to be paid wholly, or partly by periodic payments and the former principal home is rented out, then both the former home and the rental income are exempt from the income and assets tests.
VEA ? [16]
An accommodation charge is an accruing periodic payment that generally applies to people who enter high level care and have sufficient assets. If a resident is liable to pay an accommodation charge, it is payable until the resident leaves the aged care facility, in addition to the residential care fees. For those who entered care prior to 1 July 2004, the accommodation charge is only payable for a maximum of five years.
The maximum charge is worked out on a sliding scale based on the resident's assets and date of entry. For a resident who is eligible to pay an accommodation charge, the Department Human Services (DHS) works out the amount of the charge based on the person's assets (as assessed by DVA or Centrelink). DHS will then notify the resident and their aged care provider in writing about the amount of the accommodation charge.
Note: For a person who entered care prior to 20 March 2008, their accommodation charge is negotiated and agreed between the person (or their representative) and the aged care facility.
A resident cannot be asked to pay the accommodation charge more than a month in advance. Payment of an accommodation charge can also be deferred or paid from the estate if the service provider agrees. The service provider is entitled to charge interest at no more than double the lower pension deeming rate applicable at the time of entry to the facility.
The accommodation payment may change if the resident is reassessed and determined to be low level at a later date.
If the care level changes and the resident receives low level care ... | Then an accommodation charge... |
At the same facility | continues to be payable. |
At another facility | will cease to be payable and the resident may be asked to pay an accommodation bond. More ? [17]
|
C&S Reference Library
Aged Care Means Testing Guide – Topic 3.4.4 Accommodation Bonds
Residents who ‘age in place’ cannot switch from paying a bond to paying the accommodation charge [3]. This is because the resident can only enter into an accommodation bond [3] or charge agreement on their initial entry to that residential aged care facility.
On departure from an aged care facility, the accommodation bond, less the retained amounts, must be refunded to the resident or their estate within 14 days. If the provider does not refund the bond balance on the day of departure, they must pay interest on the amount refundable until it is repaid in full.
If a resident moves within 28 days of initial entry to another low level residential care facility, the second service provider cannot ask for a bond higher than the amount refunded by the first service provider. Only the balance of the five year retention period will carry over to the new facility.
If a resident moves from a low level to a high level residential care facility within 28 days of leaving the first facility, the amount of accommodation payment to be charged is determined by private agreement between the resident and the service provider. The resident may:
The arrangements regarding no higher bond than the refunded amount, paying an accommodation charge, or rolling over the bond balance do not apply if a resident re-enters care after a break of more than 28 days. The person will be subject to the post 1 July 2014 rules and a combined income and assets assessment is also required. Periods of hospital or social leave are not counted towards the 28 days between leaving one aged care facility and entering another.
An accommodation charge is an additional daily fee, which is paid by person's residing in ACAT approved permanent High Level Care.
It is paid in addition to the standard resident daily care fee and any additional income tested fee, which may apply.
Accommodation charges are payable for as long as a resident remains in care. For those residents who entered care prior to 1 July 2004 the accommodation charge is limited to a maximum five years.
See Also:
http://clik.dva.gov.au/glossary/acat [8] - defintion of ACAT
http://clik.dva.gov.au/glossary/high-level-care [9] - definition of 'High Level Care'
An accommodation charge only applies to those persons entering an aged care facility prior to 1 July 2014.
An accommodation bond is an amount of money paid by Low Level Care [3] and Extra Service Care [3] residents in an aged care facility. An accommodation bond may be paid as a lump sum, or by periodic payments, or a combination of both lump sum and periodic payments.
The provider can deduct a monthly retention amount, for a maximum of 5 years, from the accommodation bond. The monthly retention amount is a fixed amount specified in the accommodation agreement and cannot exceed the capped maximum amount applicable at the time of entry to the facility. The provider also retains any interest derived from the bond.
The balance of the lump sum accommodation bond is refundable to the resident or their estate on departure. The refunded accommodation bond balance is an assessable asset.
If there is a liability under the accommodation bond agreement for the bond to be paid wholly, or partly by periodic payments and the former principal home is rented out, then both the former home and the rental income are exempt from the income and assets tests.
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/23356%23comment-form
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[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/compensation-and-support-reference-library/aged-care-means-testing/3-residential-aged-care-fees-and-payments/34-continuing-care-residents-pre-1-july-2014-rules/342-basic-fee
[5] https://clik.dva.gov.au/compensation-and-support-reference-library/aged-care-means-testing/3-residential-aged-care-fees-and-payments/34-continuing-care-residents-pre-1-july-2014-rules/343-income-tested-fee
[6] https://clik.dva.gov.au/compensation-and-support-reference-library/aged-care-means-testing/3-residential-aged-care-fees-and-payments/34-continuing-care-residents-pre-1-july-2014-rules/344-accommodation-bonds
[7] https://clik.dva.gov.au/compensation-and-support-reference-library/aged-care-means-testing/3-residential-aged-care-fees-and-payments/34-continuing-care-residents-pre-1-july-2014-rules/345-accommodation-charge
[8] http://clik.dva.gov.au/glossary/acat
[9] http://clik.dva.gov.au/glossary/high-level-care
[10] https://clik.dva.gov.au/user/login?destination=comment/reply/23376%23comment-form
[11] https://clik.dva.gov.au/compensation-and-support-reference-library/aged-care-means-testing/3-residential-aged-care-fees-and-payments/32-residential-aged-care-fees/322-basic-fee
[12] https://clik.dva.gov.au/user/login?destination=comment/reply/23366%23comment-form
[13] http://www.comlaw.gov.au/Details/C2014C00308
[14] https://clik.dva.gov.au/user/login?destination=comment/reply/23371%23comment-form
[15] https://clik.dva.gov.au/user/login?destination=comment/reply/23383%23comment-form
[16] https://clik.dva.gov.au/book/export/html/23356#tgt-csref_acmt_ftn13
[17] https://clik.dva.gov.au/book/export/html/23356#tgt-csref_acmt_ftn14
[18] https://clik.dva.gov.au/book/export/html/23356#ref-csref_acmt_ftn13
[19] https://clik.dva.gov.au/book/export/html/23356#ref-csref_acmt_ftn14
[20] https://clik.dva.gov.au/user/login?destination=comment/reply/23391%23comment-form