Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 42.7

Exceeding the number of places for which there is an allocation

             (1)  For the purposes of a person's eligibility for * residential care subsidy, residential care provided to a particular care recipient on a particular day is excluded if:

                     (a)  the number of care recipients provided with residential care by the approved provider during that day exceeds the number of * places included in the approved provider's allocation of places for residential care subsidy; and

                     (b)  the Secretary decides, in accordance with subsection (2), that the residential care provided to that particular care recipient on that day is to be excluded.

             (2)  In deciding under paragraph (1)(b) which residential care is to be excluded, the Secretary must:

                     (a)  make the number of exclusions necessary to ensure that the number of * places for which * residential care subsidy will be payable does not exceed the number of places included in the approved provider's allocation of places for residential care subsidy; and

                     (b)  exclude the residential care in the reverse order in which the care recipients * entered the residential care service for the provision of residential care.



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