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AGED CARE ACT 1997 - SECT 46.1

Eligibility for home care subsidy

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

                     (a)  the approved provider is approved under Part 2.1 as a provider of home care; and

                     (b)  on that day there is in force a * home care agreement under which a care recipient approved under Part 2.3 in respect of home care is to be provided with home care by the approved provider through a home care service; and

                     (c)  the home care service is a notified home care service; and

                     (d)  the care recipient is a * prioritised home care recipient; and

                     (e)  on that day the approved provider provides the care recipient with such home care (if any) as is required under the home care agreement; and

                      (f)  the approved provider has agreed in the claim relating to the day to deal with the care recipient's * unspent home care amount in accordance with the User Rights Principles.

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 home care).

             (2)  For the purposes of paragraph (1)(c), a home care service is a notified home care service if the approved provider has notified the Secretary of the information required by section 9-1A in relation to the home care service.



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