(1) If the Commonwealth pays an amount to a person by way of * subsidy, any part of the amount that is an overpayment is a recoverable amount .
(a) the Commonwealth pays an amount to a person by way of a grant under Chapter 5; and
(b) a condition to which the grant is subject is not met;
the amount of the grant (or so much of the amount as the Secretary determines) is a recoverable amount .
(3) The * Commonwealth portion of a care recipient's * unspent home care amount is a recoverable amount if:
(a) the unspent home care amount relates to * home care subsidy, or home care fees, paid to an approved provider; and
(b) after this subsection commenced, the approved provider was paid an amount of home care subsidy in respect of the care recipient (whether or not the unspent home care amount relates to that payment of subsidy); and
(c) the Commonwealth portion is not payable under the User Rights Principles to any other approved provider of home care.