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AGED CARE ACT 1997 - SECT 42.1

Eligibility for residential care subsidy

             (1)  An approved provider is eligible for * residential care subsidy in respect of a day if the Secretary is satisfied that, during that day:

                     (a)  the approved provider holds an allocation of * places for residential care subsidy that is in force under Part 2.2 (not being a * provisional allocation); and

                     (b)  the approved provider provides residential care to a care recipient in respect of whom an approval is in force under Part 2.3 as a recipient of residential care; and

                     (c)  the residential care service through which the care is provided meets its * accreditation requirement (if any) applying at that time (see section 42-4).

Note 1:       A care recipient can be taken to be provided with residential care while he or she is on * leave from that care (see section 42-2).

Note 2:       If the care recipient's approval under Part 2.3 is not in force, subsidy will not be payable. (For example, the approval may have been given only for a limited period.)

             (2)  However, the approved provider is not eligible in respect of residential care provided to the care recipient during that day if:

                     (a)  it is excluded because the approved provider exceeds the approved provider's allocation of * places for residential care subsidy (see section 42-7); or

                     (b)  the approved provider stopped providing residential care to the person during that day; or

                     (c)  subject to subsection (3), another approved provider would, but for this paragraph, also be eligible for * residential care subsidy in respect of residential care provided to the same care recipient during that day.

             (3)  Paragraph (2)(c) does not apply if the approved provider started providing residential care to the care recipient before the other approved provider.

Note:          Eligibility may also be affected by Division 7 (relating to a person's approval as a provider of aged care services) or Division 20 (relating to a person's approval as a recipient of residential care).

             (4)  Despite any other provision of this Act, an approved provider operating a residential care service is not eligible for * residential care subsidy for a care recipient in respect of a day if the care recipient is on * pre-entry leave from that service on that day.



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