1.1.C.25 Care situations

Usage

These definitions apply to all payments subject to assets testing. Provisions exist to continue to regard a residence as the principal home of a person when they have not lived in the home for up to 2 years if they are in a care situation or in residential care.

Definition: in a care situation

A person is in a care situation if:

  • the person is residing in a nursing home, or
  • the person needs and has been receiving a substantial level of care in a private residence for at least 14 consecutive days, or
  • in the Secretary's opinion, the person needs and is likely to receive, a substantial level of care in a private residence for at least 14 consecutive days.

Act reference: SSAct section 13(8) Unless the contrary intention appears, a reference in this Act to a person residing in a nursing home is a reference to…, section 13(9) For the purposes of this Act, unless the contrary intention appears, a person is in a care situation if…

Policy reference: SS Guide 1.1.C.15 Care definitions, 1.1.T.45 Temporarily absent from a care situation

Definition: community based care

Community based care is NOT defined in the SSAct. It is an administrative term used when assessing assets IF a person is:

  • receiving a substantial level of care in a care situation in a private home for at least 14 consecutive days, OR
  • providing a substantial level of care (1.1.C.15) to a person in a private home for at least 14 consecutive days.

Note: A person who will receive, or has been receiving, a substantial level of care in a supported residential service (1.1.S.435) facility for at least 14 consecutive days may be considered to be in a 'care situation'.

Policy reference: SS Guide 4.6.3.70 Exempting the Principal Home - Care Situations

Definition: in residential care

For the purposes of the SSAct, a person is in residential care if the person is being provided with residential care through an aged care service conducted by an approved provider.

Prior to 1 July 2014 this included approved high level residential aged care homes (nursing homes) (1.1.N.140) or low level residential aged care homes (hostels) (1.1.H.90), where the person had resided, or in the Secretary's opinion was likely to reside for at least 14 consecutive days.

From 1 July 2014, the distinction between low and high care no longer applies.

It does NOT include care provided in a flexible care service.

Act reference: SSAct section 23(4CA) For the purposes of this Act, a person is in residential care…, section 11A(9) A residence of a person is to be taken to continue to be the person's principal home during…

Policy reference: SS Guide 4.6.3.70 Exempting the Principal Home - Care Situations

Last reviewed: 1 July 2014