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AGED CARE ACT 1997 - SECT 43.4

Claims for residential care subsidy

             (1)  For the purpose of obtaining payment of * residential care subsidy in respect of a residential care service through which an approved provider provides residential care, the approved provider must, as soon as practicable after the end of each * payment period, give to the Secretary:

                     (a)  a claim, in the form approved by the Secretary, for residential care subsidy that is payable in respect of the residential care service for that payment period; and

                     (b)  any information relating to the claim that is stated in the form to be required, or that the Secretary requests; and

                     (c)  copies of any documents relating to the claim, or to the payment of * residential care subsidy, that are stated in the form to be required, or that the Secretary requests.

             (2)  An advance of * residential care subsidy is not payable in respect of a * payment period for the residential care service if the approved provider has not given to the Secretary under subsection (1) a claim relating to the second last preceding payment period for the service.

Example:    An advance of subsidy is not payable for March if the Secretary has not been given a claim for January of the same year (assuming the * payment periods are all calendar months--see section 43-2).

             (3)  Subsection (2) does not apply to the first * payment period or the second payment period for a residential care service.

             (4)  If all the places in a residential care service are transferred from one person to another, subsection (2) does not apply to the first 2 * payment periods for the residential care service that occur after the transfer took effect.

             (5)  If:

                     (a)  apart from this subsection, the operation of paragraph (1)(c) would result in the acquisition of property from a person otherwise than on just terms; and

                     (b)  the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;

the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.



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