Contents
- 1 Name
- 2 Commencement
- 3 Authority
- 4 Schedules
- Schedule 1 Amendments commencing on 1 November 2025—existing grants
- Schedule 2 Amendments commencing on 20 September 2026
- Schedule 3 Amendments commencing on 1 October 2026
- Schedule 4 Amendments commencing on 19 October 2026—aged care assessment manual
- Schedule 5 Amendments commencing on 1 November 2026—transitional higher everyday living fee
- Schedule 6 Amendments commencing on 1 January 2027—direct care supplement
- Schedule 7 Amendments commencing on 8 March 2027—end-of-life pathway
- Schedule 8 Amendments commencing on 20 March 2027—accommodation and concessional resident supplements
1Name#
This instrument is the Aged Care Amendment (September Indexation and Other Measures) Rules 2026.
2Commencement#
(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
|---|---|---|
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table | The day after this instrument is registered. | |
| 2. Schedule 1 | 1 November 2025. | 1 November 2025 |
| 3. Schedule 2 | 20 September 2026. | 20 September 2026 |
| 4. Schedule 3 | 1 October 2026. | 1 October 2026 |
| 5. Schedule 4 | 19 October 2026. | 19 October 2026 |
| 6. Schedule 5 | 1 November 2026. | 1 November 2026 |
| 7. Schedule 6 | 1 January 2027. | 1 January 2027 |
| 8. Schedule 7 | 8 March 2027. | 8 March 2027 |
| 9. Schedule 8 | 20 March 2027. | 20 March 2027 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3Authority#
This instrument is made under the Aged Care Act 2024 and the Aged Care (Consequential and Transitional Provisions) Act 2024.
4Schedules#
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 · Amendments commencing on 1 November 2025—existing grants
Aged Care (Consequential and Transitional Provisions) Rules 2025#
1 After Division 8 of Part 5
Insert:
Division 8A · Grants
125ACertain grants taken to be grants of financial assistances under the new Act—Commonwealth Home Support Program#
(1)This section applies to a grant of financial assistance that:
(a)was made, before the transition time, for the purposes of the program specified in item 163 of Part 4 of Schedule 1AB to the Financial Framework (Supplementary Powers) Regulations 1997; and
(b)continued to be in effect at the transition time.
(2)If:
(a)the grant is for the provision of a service included on the list referred to in subsection 8(1) of the new Act—the grant is taken after the transition time to be a grant of financial assistance made under subsection 264(1) of the new Act; or
(b)otherwise—the grant is taken after the transition time to be a grant of financial assistance made under subsection 265(1) of the new Act.
125BCertain grants taken to be grants of financial assistances under the new Act—National Aboriginal and Torres Strait Islander Flexible Aged Care Program#
If a grant of financial assistance:
(a)was made, before the transition time, for the purposes of the program specified in item 415.018 of Part 4 of Schedule 1AA to the Financial Framework (Supplementary Powers) Regulations 1997; and
(b)continued to be in effect at the transition time;
the grant is taken after the transition time to be a grant of financial assistance made under subsection 264(2) of the new Act.
Schedule 2 · Amendments commencing on 20 September 2026
Part 1 · Amendments relating to Chapter 1
Aged Care Rules 2025#
1 Section 5-5 (definition of AT-HM List)
Omit “1 November 2025”, substitute “20 September 2026”.
2 Section 5-5 (note to the definition of AT-HM List)
Omit “2025”, substitute “2026”.
Division 3 · Suspending supporter registration
49-5Suspension of registration of supporters#
(1)For the purposes of paragraph 49(1)(e) of the Act, the prescribed circumstance is that the System Governor reasonably believes that, at the time the person was registered under subsection 37(1) of the Act as a supporter of an individual, the requirements in section 37 of the Act (as in force at the time the person was registered) were not met in relation to the person.
(2)To avoid doubt, subsection (1) applies in relation to a deemed registration of a person under subsection 7(1) of the Aged Care (Consequential and Transitional Provisions) Rules 2025 as a supporter of an individual.
Aged Care Rules 2025#
4 Section 5-5
Insert:
proxy-completion means the completion, by a person covered by subsection 28(2) of the Act, of either of the following:
(a)a Consumer Experience Assessment;
(b)a Quality of Life Assessment.
5 Subparagraph 166-165(1)(c)(iii)
6 Paragraph 166-165(4)(d)
Repeal the paragraph, substitute:
(d)if there is a person covered by subsection 28(2) of the Act in relation to the individual—arrange for a proxy-completion by that person at around the same time every reporting period using the QCE-ACC.
7 Subparagraph 166-170(1)(a)(iii)
8 Paragraph 166-170(4)(d)
Repeal the paragraph, substitute:
(d)if there is a person covered by subsection 28(2) of the Act in relation to the individual—arrange for a proxy-completion by that person at around the same time every reporting period using the QOL-ACC.
Aged Care Rules 2025#
9 Section 5-5 (definition of social worker)
Omit “certified by the Australian Association of Social Workers as an Accredited Social Worker”, substitute “a member of the Australian Association of Social Workers”.
Aged Care Rules 2025#
10 Section 5-5 (paragraph (a) of the definition of target priority category wait time)
Before “1 month”, insert “within”.
Part 2 · Amendments relating to Chapter 5
Aged Care Rules 2025#
11 Paragraph 166-360(3)(g)
Omit “period; and”, substitute “period.”.
12 Paragraph 166-360(3)(h)
Repeal the paragraph.
13 Paragraph 166-380(c)
Repeal the paragraph, substitute:
(c)if the registered provider is required to, but has not complied with, paragraph 166-310(3)(c) or section 155-30, 155-35, 155-36, 166-365, 166-375 or 166-385 of this instrument—the following information:
(i)the total number of occasions on which the registered provider did not comply;
(ii)the reason or reasons for the registered provider’s failure to comply;
(iii)in respect of each reason provided—the total number of occasions of non-compliance attributable to the reason;
14 At the end of Chapter 15
Add:
Part 2 · Aged Care Amendment (September Indexation and Other Measures) Rules 2026
610-20Annual prudential compliance statements#
The amendments made by Part 2 of Schedule 2 to the Aged Care Amendment (September Indexation and Other Measures) Rules 2026 apply in relation to the following:
(a)a reporting period for a registered provider that had commenced, but had not ended, before the commencement of this section;
(b)each reporting period for a registered provider that commences on or after the commencement of this section.
Part 3 · Amendments relating to Chapter 7
Aged Care Rules 2025#
15 Section 5-5
Insert:
post-2025 newly constructed home: see section 231-65.
(3)An approved residential care home is also a newly built home if a new home supplement determination is in effect under subsection 231-85(1) in relation to the home.
17 Before subsection 230-30(1)
Insert:
Determination—significantly refurbished home
18 After subsection 230-30(1)
Insert:
Determination—significant expansion supplement determination is in effect
(1A)The System Governor is taken to have made a determination under subsection (1) that an approved residential care home is a significantly refurbished home if a significant expansion supplement determination is in effect under subsection 231-90(1) in relation to the home.
(1B)The following do not apply in relation to a determination taken to have been made under subsection (1A) of this section:
(a)subsection 230-25(1) (application for determination);
(b)subsection 230-30(2) and section 230-40 (circumstances in which System Governor must not make determinations);
(c)section 230-45 (notification of System Governor’s decision).
Matters the System Governor must be satisfied of before making a determination
19 Subsection 230-30(2) (note)
Repeal the note, substitute:
Note 1: Paragraph (2)(a) is affected by subsection (3).
Note 2: This subsection does not apply to a determination that the System Governor is taken to have made under subsection (1A).
20 At the end of section 230-40
Add:
Note: This section does not apply to a determination that the System Governor is taken to have made under subsection 230-30(1A).
21 At the end of subsection 230-45(1)
Add:
Note: This section does not apply to a determination that the System Governor is taken to have made under subsection 230-30(1A).
22 After subsection 230-50(1)
Insert:
(1A)A determination that the System Governor is taken to have been made under subsection 230-30(1A) in relation to an approved residential care home takes effect on the day the significant expansion supplement determination in relation to the home takes effect.
Note: For the day the significant expansion supplement determination takes effect, see paragraph 231-85(1)(b).
23 Subdivision D of Division 1 of Part 7 of Chapter 7 (heading)
After “Secondary person-centred supplements”, insert “—Fee reduction supplement, initial entry adjustment supplement, veterans’ supplement and respite supplement”.
24 Paragraph 231-5(a)
Repeal the paragraph, substitute:
(a)the following secondary person-centred supplements for an individual for a day for the classification types ongoing and short-term for the service group residential care:
(i)the fee reduction supplement;
(ii)the initial entry adjustment supplement;
(iii)the veterans’ supplement;
(iv)the respite supplement; and
25 Paragraph 231-5(b)
Before “secondary”, insert “those”.
26 Paragraph 231-5(c)
Omit “the supplements”, substitute “those supplements”.
27 Section 231-5 (note)
Repeal the note, substitute:
Note 1: The fee reduction supplement is a secondary person-centred supplement for the classification types ongoing and short-term for the service group residential care (see paragraph 231(1)(a) of the Act).
Note 2: Subdivision E of this Division prescribes the following secondary person-centred supplements for the purposes of paragraph 231(1)(b) of the Act:
(a) the new home supplement (see section 231-60 of this instrument);
(b) the significant expansion supplement (see section 231-70 of this instrument).
28 Section 231-10 (paragraph (b) of column 2 of table item 1)
Repeal the paragraph, substitute:
(b) veterans’ supplement;
(c) new home supplement (see section 231-60);
(d) significant expansion supplement (see section 231-70).
29 Section 231-10 (paragraph (b) of column 2 of table item 2)
Repeal the paragraph, substitute:
(b) veterans’ supplement;
(c) new home supplement (see section 231-60);
(d) significant expansion supplement (see section 231-70).
30 At the end of Division 1 of Part 7 of Chapter 7
Add:
Subdivision E · Secondary person-centred supplements—New home supplement and significant expansion supplement
231-55Purpose of this Subdivision#
For the purposes of section 231 of the Act, this Subdivision prescribes:
(a)the following secondary person-centred supplements for an individual for a day for the classification types ongoing and short-term for the service group residential care:
(i)the new home supplement;
(ii)the significant expansion supplement; and
(b)the circumstances in which those supplements will apply to an individual for a day; and
(c)the amounts of those supplements for an individual for a day; and
(d)the requirements for making and revoking determinations for those supplements.
Note: Subdivision D of this Division prescribes the following secondary person-centred supplements for the purposes of subsection 231(1) of the Act:
(a) the fee reduction supplement;
(b) the initial entry adjustment supplement;
(c) the veterans’ supplement;
(d) respite supplement.
231-60New home supplement—circumstances for applicability and amount#
Circumstances for applicability of new home supplement
(1)For the purposes of paragraph 231(2)(a) of the Act, the circumstances in which the new home supplement will apply to an individual for a day are that:
(a)the funded aged care service delivered to the individual is for the classification type ongoing or short-term for the service group residential care in an approved residential care home; and
(b)the funded aged care service is delivered to the individual in a post-2025 newly constructed home (see section 231-65); and
(c)either or both of the following apply:
(i)the individual is a low means resident;
(ii)the individual is an individual to whom the respite supplement applies (see section 231-30); and
(d)a new home supplement determination is in effect under subsection 231-85(1) in relation to the home for the day; and
(e)a registered provider did not receive Commonwealth funding under the Aged Care Capital Assistance Program for the construction of the home.
Amount
(2)For the purposes of paragraph 231(2)(b) of the Act, the following amount of the new home supplement is prescribed:
(a)for a day before 1 January 2027—nil;
(b)for a day in the period during which a new home supplement determination is in effect between 1 January 2027 and 31 December 2051—$30.00 for an individual for a day;
(c)for a day on or after 1 January 2052—nil.
Note: For the purposes of paragraph (b), the new home supplement determination is in effect for a maximum period of 25 years between 1 January 2027 and 31 December 2051 (see subsection 231-85(3)).
231-65Meaning of post-2025 newly constructed home#
An approved residential care home is a post-2025 newly constructed home if:
(a)each building in which funded aged care services are delivered to individuals in the home was constructed on or after 1 November 2025; or
(b)each building in which funded aged care services are delivered to individuals was converted, on or after 1 November 2025, from one or more buildings that, before that date, were used for a purpose other than delivering any of the following:
(i)funded aged care services to individuals in an approved residential care home;
(ii)residential care in a residential care service (within the meaning of the Aged Care Act 1997, as in force immediately before 1 November 2025);
(iii)flexible care provided in a residential setting in a flexible care service (within the meaning of the Aged Care Act 1997, as in force immediately before 1 November 2025).
231-70Significant expansion supplement—circumstances for applicability and amount#
Circumstances for applicability of significant expansion supplement
(1)For the purposes of paragraph 231(2)(a) of the Act, the circumstances in which the significant expansion supplement will apply to an individual for a day are that:
(a)the funded aged care service delivered to the individual is for the classification type ongoing or short-term for the service group residential care in an approved residential care home; and
(b)the funded aged care service is delivered to the individual in a significantly expanded home (see section 231-75); and
(c)either or both of the following apply:
(i)the individual is a low means resident;
(ii)the individual is an individual to whom the respite supplement applies (see section 231-30); and
(d)a significant expansion supplement determination is in effect under subsection 231-90(1) in relation to the home for the day; and
(e)the new home supplement does not apply in relation to the home for the individual for the day; and
(f)a registered provider did not receive Commonwealth funding under the Aged Care Capital Assistance Program for the expansion of the home.
Amount
(2)For the purposes of paragraph 231(2)(b) of the Act, the following amount of the significant expansion supplement is prescribed:
(a)for a day before 1 January 2027—nil;
(b)for a day in the period during which a significant expansion supplement determination is in effect between 1 January 2027 and 31 December 2051—$15.00 for an individual for a day;
(c)for a day on or after 1 January 2052—nil.
Note: For the purposes of paragraph (b), the significant expansion supplement determination is in effect for a maximum period of 15 years between 1 January 2027 and 31 December 2051 (see subsection 231-90(3)).
231-75Meaning of significantly expanded home#
An approved residential care home is a significantly expanded home if the number of operational beds for the home increases by 40% or more after 1 November 2025, including because of an extension to the home or the conversion of offline beds into operational beds.
231-80Application for new home supplement or significant expansion supplement determination#
Application for new home supplement determination
(1)From 1 December 2026, a registered provider may apply, in the approved form, to the System Governor for a new home supplement determination under subsection 231-85(1) in relation to an approved residential care home of the provider.
Note: For penalties for knowingly providing false or misleading information or documents in applications, see section 591 of the Act and Part 7.4 of the Criminal Code.
Application for significant expansion supplement determination
(2)From 1 December 2026, a registered provider may apply, in the approved form, to the System Governor for a significant expansion supplement determination under subsection 231-90(1) in relation to an approved residential care home of the provider.
Note: For penalties for knowingly providing false or misleading information or documents in applications, see section 591 of the Act and Part 7.4 of the Criminal Code.
231-85New home supplement determination#
System Governor must decide application for determination
(1)The System Governor must, within 28 days after receiving an application in accordance with subsection 231-80(1), determine:
(a)whether to make a new home supplement determination in relation to the approved residential care home; and
(b)if the System Governor decides to make the determination under paragraph (a)—the period specified in accordance with subsection (3) during which the determination is in effect.
Note 1: A decision by the System Governor under paragraph (a) of this subsection to refuse to make a new home supplement determination is a reviewable decision under section 557 of the Act (see section 557-5 of this instrument).
Note 2: See also section 588 of the Act (which allows the System Governor to request further information, and provides for the consequence of not giving any requested further information in the requested time, and the extension of the decision-making period if requested information is given in the requested time).
(2)In deciding whether to make the determination, the System Governor must consider whether the circumstances for the new home supplement set out in paragraphs 231-60(1)(a), (b) and (e) apply in relation to the approved residential care home of the registered provider.
Maximum period for determination
(3)For the purposes of paragraph (1)(b), the maximum period that may be specified is a period of 25 years that:
(a)begins on the later of:
(i)1 January 2027; and
(ii)the day the new home supplement determination takes effect under paragraph 231-95(3)(a); and
(b)ends on the earlier of:
(i)the day the new home supplement determination is revoked under subsection 231-105(1); and
(ii)31 December 2051.
Example 1: If the new home supplement determination takes effect on 1 January 2027, the determination will be in effect for 25 years (ending on 31 December 2051), unless the determination is revoked earlier (see subsection 231-105(1)).
Example 2: If the new home supplement determination takes effect on 1 January 2032, the determination will be in effect for 20 years (ending on 31 December 2051), unless the determination is revoked earlier (see subsection 231-105(1)).
231-90Significant expansion supplement determination#
System Governor must decide application for determination
(1)The System Governor must, within 28 days after receiving an application in accordance with subsection 231-80(2), determine:
(a)whether to make a significant expansion supplement determination in relation to the approved residential care home; and
(b)if the System Governor decides to make the determination under paragraph (a)—the period specified in accordance with subsection (3) during which the determination is in effect.
Note 1: A decision by the System Governor under paragraph (a) of this subsection to refuse to make a significant expansion supplement determination is a reviewable decision under section 557 of the Act (see section 557-5 of this instrument).
Note 2: See also section 588 of the Act (which allows the System Governor to request further information, and provides for the consequence of not giving any requested further information in the requested time, and the extension of the decision-making period if requested information is given in the requested time).
(2)In deciding whether to make the determination, the System Governor must consider whether the circumstances for the significant expansion supplement set out in paragraphs 231-60(1)(a), (b), (e) and (f) apply in relation to the approved residential care home of the registered provider.
Maximum period for determination
(3)For the purposes of paragraph (1)(b), the maximum period that may be specified is a period of 15 years that:
(a)begins on the later of:
(i)1 January 2027; and
(ii)the day the significant expansion supplement determination takes effect under paragraph 231-95(3)(b); and
(b)ends on the earlier of:
(i)the day the significant expansion supplement determination is revoked under subsection 231-105(2); and
(ii)31 December 2051.
Example 1: If the significant expansion supplement determination takes effect on 1 January 2027, the determination will be in effect for 15 years (ending on 31 December 2041), unless the determination is revoked earlier (see subsection 231-105(2)).
Example 2: If the significant expansion supplement determination takes effect on 1 January 2040, the determination will be in effect for 12 years (ending on 31 December 2051), unless the determination is revoked earlier (see subsection 231-105(2)).
231-95Notification of System Governor’s decision on application for new home supplement determination or significant expansion supplement determination#
System Governor must give notice of determination decision
(1)The System Governor must, within 14 days after making either of the following decisions, give written notice to the applicant of:
(a)a decision about whether to make a new home supplement determination under subsection 231-85(1);
(b)a decision about whether to make a significant expansion supplement determination under subsection 231-90(1).
Content of notice
(2)The notice must state the following (as applicable):
(a)the System Governor’s decision about whether to make the determination;
(b)if the System Governor’s decision is to make the determination—both of the following:
(i)the day on which the determination takes effect;
(ii)the day on which the determination will cease;
(c)if the System Governor’s decision is to refuse to make the determination—the reasons for the decision.
Note: For the purposes of subparagraph (b)(ii):
(a) the new home supplement determination will cease at the end of the period specified in subsection 231-85(3); and
(b) the significant expansion supplement determination will cease at the end of the period specified in subsection 231-90(3).
Day determination takes effect
(3)For the purposes of subparagraph (2)(b)(i), the determination takes effect on the day:
(a)for a new home supplement determination—the application for a determination was made under subsection 231-80(1); or
(b)for a significant expansion supplement determination—the application for a determination was made under subsection 231-80(2).
231-100Transfer of entitlement to new home supplement or significant expansion supplement to another registered provider#
(1)This section applies if:
(a)either of the following is in effect in relation to the approved residential care home of a registered provider (the outgoing provider) in which funded aged care services are delivered to an individual:
(i)a new home supplement determination under subsection 231-85(1);
(ii)a significant expansion supplement determination under subsection 231-90(1); and
(b)the outgoing provider ceases to deliver the ongoing or short term funded aged care services through the service group residential care to the individual in the approved residential care home; and
(c)there is continuity of the delivery of those services to that individual through that service group in the same approved residential care home by another registered provider (the incoming provider).
(2)The outgoing provider ceases to be entitled to be paid an amount of supplement for an individual, and the incoming provider becomes entitled to be paid that amount, on the day on which the incoming provider commences delivering the funded aged care service to the individual in the approved residential care home (whether that entitlement arose before, on or after that day).
Note: If this section applies, the incoming provider is not required to apply for a determination in relation to the home in the period during which that determination is in effect. However, that determination may be revoked, see section 231-105.
231-105Revoking a determination#
New home supplement determination
(1)The System Governor may revoke a new home supplement determination that is in effect in relation to an approved residential care home if:
(a)the System Governor reasonably believes that the circumstances for making that determination were not met in relation to the home, at the time the determination was made; or
(b)all of the following apply:
(i)the System Governor is notified of the occurrence of an event or a change in relation to the home;
(ii)the requirements for making the determination are no longer met in relation to the home;
(iii)the System Governor considers it reasonable to do so.
Note: A decision under this subsection by the System Governor to revoke the new home supplement determination is a reviewable decision under section 557 of the Act (see section 557-5 of this instrument).
Significant expansion supplement determination
(2)The System Governor may revoke a significant expansion supplement determination that is in effect in relation to an approved residential care home if:
(a)the System Governor reasonably believes that the circumstances for making that determination were not met in relation to the home, at the time the determination was made; or
(b)all of the following apply:
(i)the System Governor is notified of the occurrence of an event or a change in relation to the home;
(ii)the requirements for making that determination are no longer met in relation to the home;
(iii)the System Governor considers it reasonable to do so.
Note: A decision under this subsection by the System Governor to revoke the significant expansion supplement determination is a reviewable decision under section 557 of the Act (see section 557-5 of this instrument).
Effect of revocation
(3)If a new home supplement determination or significant expansion supplement determination is revoked under subsection (1) or (2), the revocation takes effect on the day the System Governor revokes that determination.
231-110Revoking a determination—notice before revocation#
Notice must be given before revoking determination
(1)Before the System Governor revokes either of the following determinations in relation to an approved residential care home, the System Governor must give the registered provider of the home written notice that the System Governor is considering revoking the determination:
(a)a new home supplement determination made under subsection 231-85(1) in relation to the home;
(b)a significant expansion supplement determination made under subsection 231-90(1) in relation to the home.
Content of notice
(2)The notice must:
(a)state the determination the System Governor is considering revoking; and
(b)set out the reasons why the System Governor is considering revoking the determination; and
(c)invite the registered provider to make a submission, in writing, to the System Governor in relation to the matter within the period specified in the notice (which must not be less than 28 days after giving the notice); and
(d)inform the registered provider that the System Governor may decide to revoke the determination:
(i)if no submission is made within the specified period; or
(ii)after considering any submission made by the provider within the specified period.
System Governor may request further information
(3)The System Governor may also request, in the notice given under subsection (1), that the registered provider give the System Governor the information specified in the notice, within the period specified in the notice for the purposes of paragraph (2)(c), to assist the System Governor to decide whether to revoke the determination.
Note: The registered provider is not obliged to give the requested information.
(4)If the registered provider makes a submission in accordance with the invitation under paragraph (2)(c), the System Governor may, by written notice, request the individual to give the System Governor further information, within the period specified in the notice (which must not be less than 28 days after giving the notice), to assist the System Governor to decide whether to revoke the determination.
Note 1: The System Governor may request further information under this subsection regardless of whether information was requested or given under subsection (3).
Note 2: The registered provider is not obliged to give the requested information.
Extended period for making submission or giving further information
(5)The System Governor may, at the request of the individual, extend the period specified for the purposes of paragraph (2)(c) or subsection (4).
System Governor must consider submissions and further information
(6)The System Governor must consider any submission made in accordance with the invitation under paragraph (2)(c) and any further information given in response to a request under subsection (3) or (4).
Timeframe for deciding whether to revoke determination
(7)The System Governor must make a decision whether to revoke the determination within 28 days of the day that begins on:
(a)if no submission is made in accordance with the invitation in the notice under paragraph (2)(c)—the day after the end of:
(i)the period specified in the notice under paragraph (2)(c); or
(ii)if the period specified in the notice has been extended under subsection (5)—the extended period; or
(b)the later of:
(i)if a submission is made in accordance with the invitation in the notice under paragraph (2)(c) and no further information is requested under subsection (4)—the day the submission is made; and
(ii)if a submission is made in accordance with the invitation in the notice under paragraph (2)(c) and further information is requested under subsection (4)—the day the registered provider gives the System Governor the further information.
231-115Notice of decision to revoke supplement determination#
(1)The System Governor must, within 14 days after making either of the following decisions, give the registered provider of the approved residential care home to which the decision relates written notice of:
(a)the decision to revoke a new home supplement determination under subsection 231-105(1);
(b)the decision to revoke a significant expansion supplement determination under subsection 231-105(2).
(2)The notice must:
(a)explain the consequences of the revocation of the determination; and
(b)specify the day the determination ceases to be in force (see subsection 231-105(3)); and
(c)set out the reasons for revoking the determination; and
(d)state how the registered provider may apply for reconsideration of the decision to revoke the determination.
31 Section 557-5 (after table item 18)
Insert:
| 18AA | A decision to refuse to make a new home supplement determination under paragraph 231-85(1)(a) of this instrument | The registered provider |
| 18AB | A decision to refuse to make a significant expansion supplement determination under paragraph 231-90(1)(a) of this instrument | The registered provider |
| 18AC | A decision under subsection 231-105(1) of this instrument to revoke a new home supplement determination | The registered provider |
| 18AD | A decision under subsection 231-105(2) of this instrument to revoke a significant expansion supplement determination | The registered provider |
Part 4 · Amendments relating to Chapter 9
Aged Care Rules 2025#
32 Paragraph 287-101(2)(g)
Repeal the paragraph, substitute:
(g)to invest in a fund, but not a controlling entity of a fund, listed in item 2 of the Schedule to the Banking exemption No. 1 of 2026 – Religious charitable development funds, as in force from time to time, made under the Banking Act 1959.
33 Paragraph 310-20(1)(b)
Repeal the paragraph, substitute:
(b)to invest in a fund, but not a controlling entity of a fund, listed in item 2 of the Schedule to the Banking exemption No. 1 of 2026 – Religious charitable development funds, as in force from time to time, made under the Banking Act 1959.
Part 5 · Indexation amendments
Aged Care Rules 2025#
34 Paragraph 104-5(a)
Omit “$3,270.00”, substitute “$3,380.00”.
35 Section 104-5 (table)
Repeal the table, substitute:
| Amounts for provider registration categories | ||
|---|---|---|
| Item | Column 1Provider registration category | Column 2Amount ($) |
| 1 | Home and community services | 1,310.00 |
| 2 | Assistive technology and home modifications | 1,310.00 |
| 3 | Advisory and support services | 1,310.00 |
| 4 | Personal and care support in the home or community | 3,920.00 |
| 5 | Nursing and transition care | 3,920.00 |
| 6 | Residential care | 5,230.00 |
36 Paragraph 107-5(a)
Omit “$295.00”, substitute “$305.00”.
37 Section 107-5 (table)
Repeal the table, substitute:
| Amounts for provider registration categories | ||
|---|---|---|
| Item | Column 1Provider registration category | Column 2Amount ($) |
| 1 | Home and community services | 795.00 |
| 2 | Assistive technology and home modifications | 795.00 |
| 3 | Advisory and support services | 795.00 |
| 4 | Personal and care support in the home or community | 4,170.00 |
| 5 | Nursing and transition care | 4,170.00 |
| 6 | Residential care | 5,560.00 |
38 Paragraph 110-45(2)(a)
Omit “$14,870.00”, substitute “$15,460.00”.
39 Subparagraph 110-47(2)(a)(i)
Omit “$7,890.00”, substitute “$8,200.00”.
40 At the end of subsection 110-47(3)
Add:
; or (d) the entity is known as an Aboriginal Community Controlled Organisation.
41 At the end of subsection 110-47(4)
Add:
; or (d) the entity is known as an Aboriginal Community Controlled Organisation.
42 Paragraph 110-47(5)(a)
Omit all the words after “services”, substitute “under either or both of the provider registration categories referred to in paragraph (2)(b) only to fewer than 30 individuals in a single State or Territory—$10,190.00; or”.
43 Paragraph 110-47(5)(b)
Omit all the words after “services”, substitute “under either or both of the provider registration categories referred to in paragraph (2)(b) only to between 30 and 516 individuals in a single State or Territory—$16,260.00; or”.
44 Paragraph 110-47(5)(c)
Omit “services to”, substitute “services under either or both of the provider registration categories referred to in paragraph (2)(b) to”.
45 Subparagraph 110-47(5)(c)(i)
Omit “343”, substitute “517”.
46 Paragraph 110-47(5)(c)
Omit “$17,950.00”, substitute “$18,780.00”.
47 Paragraph 110-47(6)(a)
Omit “$16,340.00”, substitute “$17,090.00”.
48 Paragraph 110-47(6)(b)
Omit “$17,510.00”, substitute “$18,310.00”.
49 Paragraph 110-47(6)(c)
Omit “$18,670.00”, substitute “$19,530.00”.
50 Paragraph 110-47(7)(a)
Omit “$8,170.00”, substitute “$8,540.00”.
51 Paragraph 110-47(7)(b)
Omit “$8,760.00”, substitute “$9,160.00”.
52 Paragraph 110-47(7)(c)
Omit “$9,340.00”, substitute “$9,770.00”.
53 Paragraph 110-49(2)(a)
Omit “$18,530.00”, substitute “$19,320.00”.
54 Section 111-5
Omit “$3,800.00”, substitute “$3,920.00”.
55 Section 124-5 (table)
Repeal the table, substitute:
| Amounts for provider registration categories | ||
|---|---|---|
| Item | Column 1Provider registration category | Column 2Amount ($) |
| 1 | Home and community services | 1,310.00 |
| 2 | Assistive technology and home modifications | 1,310.00 |
| 3 | Advisory and support services | 1,310.00 |
| 4 | Personal and care support in the home or community | 3,920.00 |
| 5 | Nursing and transition care | 3,920.00 |
| 6 | Residential care | 5,230.00 |
56 Subsection 124-10(2)
Omit “$545.00”, substitute “$565.00”.
57 Subsection 124-10(3)
Omit “$4800.00”, substitute “$4,960.00”.
58 Subsection 597-5(1)
Omit “(1)”.
59 Subsection 597-5(1) (at the end of the cell at table item 2, column 2)
Add:
; (d) the entity is known as an Aboriginal Community Controlled Organisation
60 In the appropriate position in Part 2 of Chapter 15
Insert:
610-25Application fee for registration as a registered provider#
Initial registration
(1)The amendments of section 104-5 made by Division 1 of Part 5 of Schedule 2 to the Aged Care Amendment (September Indexation and Other Measures) Rules 2026 apply in relation to an application to be registered as a registered provider made on or after the commencement of this section.
Renewal of registration
(2)The amendments of section 107-5 made by Division 1 of Part 5 of Schedule 2 to the Aged Care Amendment (September Indexation and Other Measures) Rules 2026 apply in relation to an application to renew a registered provider’s registration made on or after the commencement of this section.
610-30Audit fees in connection with registration as a registered provider#
Audit fee in connection with initial registration
(1)The amendment of section 110-45 made by Division 1 of Part 5 of Schedule 2 to the Aged Care Amendment (September Indexation and Other Measures) Rules 2026 applies in relation to an application to be registered as a registered provider made on or after the commencement of this section.
Audit fee in connection with registration renewal
(2)The amendments of section 110-47 made by Division 1 of Part 5 of Schedule 2 to the Aged Care Amendment (September Indexation and Other Measures) Rules 2026 apply in relation to an application to renew a registered provider’s registration if, under section 106 of the Act, the Commissioner invites the provider on or after the commencement of this section to renew the provider’s registration.
Audit fee in connection with variation of registration
(3)The amendment of section 110-49 made by Division 1 of Part 5 of Schedule 2 to the Aged Care Amendment (September Indexation and Other Measures) Rules 2026 applies in relation to an application to vary a registered provider’s registration made on or after the commencement of this section.
610-35Application for approval of residential care home#
The amendment of section 111-5 made by Division 1 of Part 5 of Schedule 2 to the Aged Care Amendment (September Indexation and Other Measures) Rules 2026 applies in relation to an application for approval of a residential care home made on or after the commencement of this section.
610-40Application to vary registration to add or remove provider registration categories#
The amendments of sections 124-5 and 124-10 made by Division 1 of Part 5 of Schedule 2 to the Aged Care Amendment (September Indexation and Other Measures) Rules 2026 apply in relation to an application to vary a registered provider’s registration made on or after the commencement of this section.
Aged Care Rules 2025#
61 Amendments of listed provisions—indexation of amounts
The provisions listed in the following table are amended as set out in the table.
| Amendments relating to the indexation of amounts | |||
|---|---|---|---|
| Item | Provision | Omit | Substitute |
| 1 | Subparagraph 230-15(1)(a)(i) | $72.30 | $73.73 |
| 2 | Subparagraph 230-15(1)(a)(ii) | $47.15 | $48.09 |
| 3 | Paragraph 230-15(1)(b) | $39.60 | $40.38 |
| 4 | Subsection 242B-10(2) (table item 1, column 2) | 10.77 | 10.98 |
| 5 | Subsection 242B-10(2) (table item 2, column 2) | 7.18 | 7.32 |
| 6 | Subsection 242B-10(2) (table item 3, column 2) | 3.59 | 3.66 |
| 7 | Subsection 242B-40(2) | $10.77 | $10.98 |
Aged Care Rules 2025#
62 Section 302-15 (at the end of the table)
Add:
| 3 | 20 September 2026 | 1.04 |
63 Amendments of listed provisions—indexation of amounts
The provisions listed in the following table are amended as set out in the table.
| Amendments relating to indexation of amounts | |||
|---|---|---|---|
| Item | Provision | Omit | Substitute |
| 1 | Paragraph 7-20(a) | $137,917.01 | $140,652.80 |
| 2 | Paragraph 7-20(b) | $86,185.23 | $88,934.57 |
| 3 | Section 279-5 | $107.32 | $109.45 |
| 4 | Paragraph 285A-14(3)(b) | $35,910.43 | $37,055.98 |
| 5 | Subsection 285A-14(4) | $86,185.23 | $88,934.57 |
| 6 | Paragraph 319-5(2)(a) | $87,427.60 | $89,402.04 |
| 7 | Paragraph 319-5(2)(b) | $88,155.60 | $90,130.04 |
| 8 | Subsection 319-5(3) | $101,105.00 | $105,048.00 |
| 9 | Subsection 319-5(4) | $117,230.20 | $121,173.20 |
| 10 | Paragraph 319-5(5)(a) | $139,172.80 | $142,906.40 |
| 11 | Paragraph 319-5(5)(b) | $142,084.80 | $145,818.40 |
| 12 | Subsection 319-5(6) | $214,884.00 | $219,858.40 |
| 13 | Paragraph 319-5(7)(a) | $515,652.00 | $526,575.20 |
| 14 | Paragraph 319-5(7)(b) | $258,000.00 | $266,000.00 |
| 15 | Subsection 319-5(8) | $361,366.66 | $369,366.66 |
| 16 | Subsection 319-5(9) | $547,884.00 | $552,858.40 |
| 17 | Section 330-5 | $214,884.00 | $219,858.40 |
Part 6 · Miscellaneous amendments
Aged Care Rules 2025#
64 Section 149-55
Omit “approved provider”, substitute “registered provider”.
65 Subsection 149-60(1)
Omit “approved provider”, substitute “registered provider”.
66 Paragraph 155-30(4)(b)
Omit “approved provider”, substitute “registered provider”.
67 Subsection 230-15(4)
Omit “approved provider”, substitute “registered provider”.
68 Section 249-40
Omit “an approved provider”, substitute “a registered provider”.
Schedule 3 · Amendments commencing on 1 October 2026
Part 1 · Amendments relating to Chapter 1
Aged Care Rules 2025#
1 Section 5-5 (definition of national efficient price)
Omit “$295.64”, substitute “$303.19”.
Part 2 · Amendments relating to Chapter 7
Aged Care Rules 2025#
2 Subsection 194-5(2) (table)
Repeal the table, substitute:
| Base individual amounts for non-transitional classification levels | ||
|---|---|---|
| Item | Column 1For an individual that has the classification level … | Column 2the amount is … ($) |
| 1 | SAH class 1 | 27.20 |
| 2 | SAH class 2 | 40.64 |
| 3 | SAH class 3 | 55.68 |
| 4 | SAH class 4 | 75.28 |
| 5 | SAH class 5 | 100.63 |
| 6 | SAH class 6 | 121.96 |
| 7 | SAH class 7 | 147.39 |
| 8 | SAH class 8 | 197.98 |
3 Subsection 194-5(3) (table)
Repeal the table, substitute:
| Base individual amounts for transitional classification levels | ||
|---|---|---|
| Item | Column 1For an individual that has the classification level … | Column 2the amount is … ($) |
| 1 | HCP class 1 | 27.85 |
| 2 | HCP class 2 | 48.97 |
| 3 | HCP class 3 | 106.61 |
| 4 | HCP class 4 | 161.61 |
4 Subsection 194-10(2) (table)
Repeal the table, substitute:
| Base individual amounts for non-transitional classification levels | ||
|---|---|---|
| Item | Column 1For an individual that has the classification level … | Column 2the amount is … ($) |
| 1 | SAH restorative care pathway | 55.17 |
| 2 | SAH end-of-life pathway | 306.39 |
5 Amendments of listed provisions—indexation of amounts
The provisions listed in the following table are amended as set out in the table.
| Amendments relating to the indexation of amounts | |||
|---|---|---|---|
| Item | Provision | Omit | Substitute |
| 1 | Paragraph 196-20(2)(a) | $23.89 | $23.90 |
| 2 | Paragraph 196-20(2)(b) | $26.83 | $26.84 |
| 3 | Subsection 204-5(2) (table item 2, column 2) | 4.51 | 4.52 |
| 4 | Subsection 204-5(2) (table item 3, column 2) | 6.18 | 6.19 |
| 5 | Subsection 204-5(2) (table item 7, column 2) | 16.37 | 16.38 |
| 6 | Subsection 204-5(2) (table item 8, column 2) | 21.99 | 22.00 |
| 7 | Subsection 204-5(3) (table item 3, column 2) | 11.84 | 11.85 |
| 8 | Subsection 204-5(3) (table item 4, column 2) | 17.95 | 17.96 |
Aged Care Rules 2025#
6 Subsection 239-20(2) (table)
Repeal the table, substitute:
| Residential care home supplement amount—group A residential care homes in 2023 MM category MM 1 | ||
|---|---|---|
| Item | Column 1Average daily care count | Column 2Residential care home supplement amount ($) |
| 1 | Less than or equal to 20 | 30,931 |
| 2 | More than 20 but less than or equal to 25 | 27,580 |
| 3 | More than 25 but less than or equal to 30 | 15,053 |
| 4 | More than 30 but less than or equal to 35 | 12,218 |
| 5 | More than 35 but less than or equal to 40 | 9,382 |
| 6 | More than 40 but less than or equal to 45 | 6,547 |
| 7 | More than 45 but less than or equal to 50 | 3,712 |
7 Subsection 239-20(3) (table)
Repeal the table, substitute:
| Residential care home supplement amount—group A residential care homes in 2023 MM categories MM 2 and MM 3 | ||
|---|---|---|
| Item | Column 1Average daily care count | Column 2Residential care home supplement amount ($) |
| 1 | Less than or equal to 20 | 32,032 |
| 2 | More than 20 but less than or equal to 25 | 28,562 |
| 3 | More than 25 but less than or equal to 30 | 15,589 |
| 4 | More than 30 but less than or equal to 35 | 12,653 |
| 5 | More than 35 but less than or equal to 40 | 9,716 |
| 6 | More than 40 but less than or equal to 45 | 6,780 |
| 7 | More than 45 but less than or equal to 50 | 3,844 |
8 Subsection 239-20(4) (table)
Repeal the table, substitute:
| Residential care home supplement amount—group A residential care homes in 2023 MM categories MM 4 and MM 5 | ||
|---|---|---|
| Item | Column 1Average daily care count | Column 2Residential care home supplement amount ($) |
| 1 | Less than or equal to 5 | 74,647 |
| 2 | More than 5 but less than or equal to 10 | 63,337 |
| 3 | More than 10 but less than or equal to 15 | 52,027 |
| 4 | More than 15 but less than or equal to 20 | 40,717 |
| 5 | More than 20 but less than or equal to 25 | 28,604 |
| 6 | More than 25 but less than or equal to 30 | 15,612 |
| 7 | More than 30 but less than or equal to 35 | 12,672 |
| 8 | More than 35 but less than or equal to 40 | 9,731 |
| 9 | More than 40 but less than or equal to 45 | 6,790 |
| 10 | More than 45 but less than or equal to 50 | 3,850 |
9 Subsection 239-20(6) (table)
Repeal the table, substitute:
| Residential care home supplement amount—group B residential care homes in 2023 MM category MM 1 | ||
|---|---|---|
| Item | Column 1Average daily care count | Column 2Residential care home supplement amount ($) |
| 1 | Less than or equal to 20 | 15,466 |
| 2 | More than 20 but less than or equal to 25 | 13,790 |
| 3 | More than 25 but less than or equal to 30 | 7,527 |
10 Subsection 239-20(7) (table)
Repeal the table, substitute:
| Residential care home supplement amount—group B residential care homes in 2023 MM categories MM 2 and MM 3 | ||
|---|---|---|
| Item | Column 1Average daily care count | Column 2Residential care home supplement amount ($) |
| 1 | Less than or equal to 20 | 16,016 |
| 2 | More than 20 but less than or equal to 25 | 14,281 |
| 3 | More than 25 but less than or equal to 30 | 7,795 |
11 Subsection 239-20(8) (table)
Repeal the table, substitute:
| Residential care home supplement amount—group B residential care homes in 2023 MM categories MM 4 and MM 5 | ||
|---|---|---|
| Item | Column 1Average daily care count | Column 2Residential care home supplement amount ($) |
| 1 | Less than or equal to 5 | 37,324 |
| 2 | More than 5 but less than or equal to 10 | 31,669 |
| 3 | More than 10 but less than or equal to 15 | 26,014 |
| 4 | More than 15 but less than or equal to 20 | 20,359 |
| 5 | More than 20 but less than or equal to 25 | 14,302 |
| 6 | More than 25 but less than or equal to 30 | 7,806 |
Part 3 · Amendments relating to Chapter 10
Aged Care Rules 2025#
12 At the end of subsection 330-10(2)
Add:
; (c) any payment paid to the individual, or to a person acting on behalf of the individual, under the following:
(i)the scheme known as the Territories Stolen Generations Redress Scheme;
(ii)the scheme known as the NSW Stolen Generations Reparations Scheme;
(iii)the package known as the Stolen Generations Reparations Package of Victoria;
(iv)the scheme known as the WA Stolen Generations Redress Scheme;
(v)the scheme known as the Stolen Generations Reparations Scheme of South Australia;
(vi)the Stolen Generations of Aboriginal Children Act 2006 (Tas.).
13 In the appropriate position in Part 2 of Chapter 15
Insert:
610-45Working out the value of an individual’s assets—excluded amounts—other amounts#
The amendment made by Part 3 of Schedule 3 to the Aged Care Amendment (September Indexation and Other Measures) Rules 2026 applies in relation to a determination under paragraph 330(2)(a) or (b) or (3)(a) or (b) or subsection 330(4) of the Act made on or after the commencement of this section, whether a payment mentioned in that Part was paid before, on or after that commencement.
Schedule 4 · Amendments commencing on 19 October 2026—aged care assessment manual
Aged Care Rules 2025#
1 Section 5-5 (definition of Aged Care Assessment Manual)
Omit “29 June”, substitute “19 October”.
2 In the appropriate position in Part 2 of Chapter 15
Insert:
610-50Definition of Aged Care Assessment Manual#
Despite the amendment of the definition of Aged Care Assessment Manual in section 5-5 of this instrument made by Schedule 4 to the Aged Care Amendment (September Indexation and Other Measures) Rules 2026, that definition, as in force immediately before 19 October 2026, continues to apply to classification assessments referred to in subsection 76-10(2) of this instrument that had commenced, but had not been completed, before 19 October 2026.
Schedule 5 · Amendments commencing on 1 November 2026—transitional higher everyday living fee
148-46Providers delivering services to an individual in a class of individuals referred to in section 275A—services that must be delivered#
(1)This section applies to a registered provider that is delivering ongoing funded aged care services through the service group residential care to an individual in a class of individuals referred to in section 275A of the Act in an approved residential care home.
(2)The services delivered to the individual by the provider at a time (the test time) after the commencement of this section must include a particular service (the transitional service) if:
(a)immediately before the transition time, the provider was delivering the transitional service (or a substantially similar service) to the individual in the circumstances specified in subsection 285A-25(5A); and
(b)as at the test time, the provider is delivering, or offers to deliver, the transitional service to any other individual in the approved residential care home (whether or not that other individual is, or would be, charged a higher everyday living fee by the provider for or in connection with the service).
(3)To avoid doubt, subsection (2) applies even if the individual was not being delivered the transitional service by the provider at any time during the period:
(a)starting at the transition time; and
(b)ending at the commencement of this section.
2 After paragraph 285A-25(5)(a)
Insert:
(aa)charge the individual a transitional higher everyday living fee for or in connection with a particular funded aged care service if, immediately before the transition time, the provider was delivering the service (or a substantially similar service) to the individual in the circumstances specified in subsection (5A); or
3 Subsection 285A-25(5) (note)
Omit “that Subdivision”, substitute “Subdivision F of Division 2 of Part 2 of this Chapter”.
4 After subsection 285A-25(5)
Insert:
(5A)For the purposes of paragraph (5)(aa), the circumstances are:
(a)a resident agreement that was entered into in accordance with paragraph 56-1(h) of the old Act, and that met the requirements of section 59-1 of the old Act, was in effect between the provider and the individual; and
(b)the service was:
(i)in addition to what was required under the old Act; or
(ii)delivered at a standard higher than that required under the old Act; and
(c)no extra service agreement (within the meaning of the old Act) was in force between the provider and the individual; and
(d)no agreement of the kind mentioned in paragraph 56-1(e) of the old Act for charging an amount for the service was in effect between the provider and the individual.
Note: The provider may still be required to provide this service to the individual: see section 148-46.
5 In the appropriate position in Part 2 of Chapter 15
Insert:
610-55Transitional higher everyday living fees#
The amendments of section 285A-25 of this instrument made by Schedule 5 to the Aged Care Amendment (September Indexation and Other Measures) Rules 2026 apply in relation to the charging of transitional higher everyday living fees on or after the commencement of this section (whether the relevant transitional higher everyday living agreement is entered into before, on or after that commencement).
Schedule 6 · Amendments commencing on 1 January 2027—direct care supplement
Aged Care Rules 2025#
1 Subsection 249-30(1) (table)
Repeal the table, substitute:
| Direct care supplement amount | ||
|---|---|---|
| Item | Column 12023 MM category for the home’s location | Column 2Amount ($) |
| 1 | 2023 MM category known as MM 2 | 0.00 |
| 2 | 2023 MM category known as MM 3 | 0.00 |
| 3 | 2023 MM category known as MM 4 | 43.18 |
| 4 | 2023 MM category known as MM 5 | 43.18 |
| 5 | 2023 MM category known as MM 6 | 46.88 |
| 6 | 2023 MM category known as MM 7 | 48.29 |
Schedule 7 · Amendments commencing on 8 March 2027—end-of-life pathway
Aged Care Rules 2025#
1 Section 80-57
Omit “112”, substitute “168”.
2 Section 195-1
Before “For the purposes of”, insert “(1)”.
3 Section 195-1
Omit “paragraphs 195(3)(a) and (b)”, substitute “paragraph 195(3)(a)”.
4 At the end of section 195-1
Add:
(2)For the purposes of paragraph 195(3)(b) of the Act, the number of days is:
(a)for the classification level SAH end-of-life pathway—168 days; and
(b)for the classification level SAH restorative care pathway—112 days.
5 Before subsection 195-3(1)
Insert:
SAH restorative care pathway
6 At the end of section 195-3
Add:
SAH end-of-life pathway
(3)For the purposes of subsection 195(3A) of the Act, for an individual’s notional short-term home support account:
(a)the amount is an amount equal to the amount credited to the account under paragraph 195(3)(a) of the Act; and
(b)the circumstances are that:
(i)the individual has the classification level SAH end-of-life pathway in effect for the classification type short term for the service group home support; and
(ii)the individual’s account is credited an amount under paragraph 195(3)(a) of the Act; and
(c)the day is the day that is 84 days after the day that classification level comes into effect for that individual for that classification type for that service group.
7 In the appropriate position in Part 2 of Chapter 15
Insert:
610-60Application and transitional provisions for SAH end-of-life pathway#
Application provision—maximum period of effect
(1)The amendment of section 80-57 of this instrument made by Schedule 7 to the Aged Care Amendment (September Indexation and Other Measures) Rules 2026 applies in relation to an individual if:
(a)the classification level SAH end-of-life pathway for the classification type short term for the service group home support is established for the individual by a classification decision, whether that decision is made before, on or after the day this section commences; and
(b)that classification level for that classification type for that service group:
(i)came into effect for that individual during the period of 111 days ending on the day before the day this section commences; or
(ii)comes into effect for that individual on or after the day this section commences.
Application provision—additional credit
(2)Subsection 195-3(3) of this instrument, as added by Schedule 7 to the Aged Care Amendment (September Indexation and Other Measures) Rules 2026, applies in relation to an individual if:
(a)the classification level SAH end-of-life pathway for the classification type short term for the service group home support is established for the individual by a classification decision, whether that decision is made before, on or after the day this section commences; and
(b)the individual’s notional short-term home support account is credited an amount under paragraph 195(3)(a) of the Act for that classification level for that individual for that classification type for that service group, whether the account is credited before, on or after the day this section commences; and
(c)that classification level for that classification type for that service group:
(i)came into effect for that individual during the period of 111 days ending on the day before the day this section commences; or
(ii)comes into effect for that individual on or after the day this section commences.
Note: If subparagraph (c)(ii) applies in relation to the individual, see subsection 195-3(3).
Transitional provision—prescribed day for additional credit
(3)However, if subparagraph (2)(c)(i) applies in relation to the individual, the day prescribed for the purposes of subsection 195(3A) of the Act is:
(a)if that classification level came into effect for that individual for that classification type for that service group during the period of 83 days ending on the day before the day this section commences—the day that is 84 days after the day that classification level came into effect for that individual; or
(b)otherwise—the day this section commences.
Note: For the amount and the circumstances that applies to the individual for the purposes of subsection 195(3A) of the Act, see paragraphs 195-3(3)(a) and (b).
Application provision—primary person-centred supplement
(4)Paragraph 195-1(2)(a) of this instrument, as added by Schedule 7 to the Aged Care Amendment (September Indexation and Other Measures) Rules 2026, applies in relation to an individual if:
(a)the classification level SAH end-of-life pathway for the classification type short term for the service group home support is established for the individual by a classification decision, whether that decision is made before, on or after the day this section commences; and
(b)that classification level for that classification type for that service group:
(i)came into effect for that individual during the period of 111 days ending on the day before the day this section commences; or
(ii)comes into effect for that individual on or after the day this section commences.
Note: If a primary person-centred supplement starts to apply for an individual on or after the day this section commences (whether that classification level for that classification type for that service group comes into effect for that individual before, on or after the day this section commences), see paragraph 195(3)(b) or subsection 195(4) of the Act and paragraph 195-1(2)(a) of this instrument.
Transitional provision—individuals credited an amount of a primary person-centred supplement before commencement
(5)For the purposes of subsection 195(3A) of the Act, for an individual’s notional short-term home support account:
(a)the circumstances are that:
(i)the classification level SAH end-of-life pathway for the classification type short term for the service group home support came into effect for the individual during the period of 111 days ending on the day before the day this section commences; and
(ii)a primary person-centred supplement for that classification level for that classification type for that service group starts to apply to the individual on a day (the eligible day) that occurs before the day this section commences; and
(iii)before the day this section commences, the individual’s notional short term home support account was credited an amount under paragraph 195(3)(b) or subsection 195(4) of the Act for that primary person-centred supplement for that classification level for that classification type for that service group; and
(b)the amount is the amount of the primary person-centred supplement for the eligible day multiplied by the number of days worked out as follows:
(i)the number of days occurring on and after the eligible day that remain in the maximum period of effect (as in force immediately after the commencement of this section) for that classification level for the individual for that classification type for that service group; minus
(ii)the number of days used to work out, under paragraph 195(3)(b) or subsection 195(4) of the Act, the amount credited to the individual’s notional short-term home support account before the commencement of this section for that primary person-centred supplement for that classification level for that classification type for that service group; and
(c)the day is the day this section commences.
Schedule 8 · Amendments commencing on 20 March 2027—accommodation and concessional resident supplements
Aged Care Rules 2025#
1 Section 5-5 (definition of building status amount)
Omit “subsection 230-15(1)”, substitute “section 230-15”.
2 Subsection 230-10(2)
Repeal the subsection, substitute:
Amount—newly built home or significantly refurbished home
(2)Subject to subsections (3) and (4), the amount of accommodation supplement for an individual, to whom funded aged care services are delivered in an approved residential care home which is a newly built home or a significantly refurbished home, for a day is:
(a)if, for the payment period in which the day occurs, the low means resident percentage is less than 30%—$59.23; or
(b)if, for the payment period in which the day occurs, the low means resident percentage is 30% or more but less than 40%—$66.00; or
(c)if, for the payment period in which the day occurs, the low means resident percentage is 40% or more—$78.73.
Amount—other approved residential care home
(2A)Subject to subsections (3) and (4), the amount of accommodation supplement for an individual, to whom funded aged care services are delivered in an approved residential care home which is neither a newly built home nor a significantly refurbished home, for a day is $53.09.
3 Subsection 230-10(3) (heading)
After “under subsection (2)”, insert “or (2A)”.
4 Subsection 230-10(3)
After “subsection (2)”, insert “or (2A)”.
5 Subsection 230-10(4) (heading)
After “under subsection (2)”, insert “or (2A)”.
6 Subsection 230-10(4)
After “subsection (2)”, insert “or (2A)”.
7 Section 230-15
Repeal the section, substitute:
The building status amount for an individual to whom funded aged care services are delivered in an approved residential care home for a day is:
(a)if the home is a newly built home or a significantly refurbished home—$78.73; or
(b)if the home is not a newly built home or a significantly refurbished home—$53.09.
8 Subsection 242B-25(2)
Repeal the subsection, substitute:
Amount—newly built home or significantly refurbished home
(2)The amount of the concessional resident supplement for an individual, to whom funded aged care services are delivered in an approved residential care home which is a newly built home or a significantly refurbished home, for a day is:
(a)if, for the payment period in which the day occurs, the low means resident percentage is less than 30%—$59.23; or
(b)if, for the payment period in which the day occurs, the low means resident percentage is 30% or more but less than 40%—$66.00; or
(c)if, for the payment period in which the day occurs, the low means resident percentage is 40% or more—$78.73.
Amount—other approved residential care home
(3)The amount of the concessional resident supplement for an individual, to whom funded aged care services are delivered in an approved residential care home which is neither a newly built home nor a significantly refurbished home, for a day is $53.09.
9 Subsection 285A-14(1) (method statement, step 2)
Omit “subparagraph 230-15(1)(a)(i) (which is the highest maximum accommodation supplement amount that can apply in relation to an individual to whom Division 4 of Part 2 of Chapter 4 of the Act applies)”, substitute “paragraph 230-15(a)”.
10 In the appropriate position in Part 2 of Chapter 15
Insert:
610-65Application and saving provision for building status amount#
(1)The amendments made by Schedule 8 to the Aged Care Amendment (September Indexation and Other Measures) Rules 2026 apply in relation to the following:
(a)an amount of accommodation supplement, respite supplement or concessional resident supplement that applies for an individual for a day on or after the commencement of this section;
(b)the means tested care fee, worked out under subsection 285A-14(1), for an individual in the post-2014 residential contribution class for a day on or after the commencement of this section.
Note: For the purposes of paragraph (a), see the following provisions:
(a) section 230-10 for the accommodation supplement;
(b) section 231-30 for the respite supplement;
(c) section 242B-25 for the concessional resident supplement.
(2)Section 230-15, as in force immediately before the commencement of this section, continues to apply on and after that commencement in relation to the following:
(a)an amount of accommodation supplement, respite supplement or concessional resident supplement that applies for an individual for a day before that commencement;
(b)the means tested care fee, worked out under subsection 285A-14(1), for an individual in the post-2014 residential contribution class for a day before that commencement.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.