Document ID: chunk:federal_register_of_legislation:F2016L01493:reg:7
Version: federal_register_of_legislation:F2016L01493
Segment Type: reg
Provision Reference: reg 7
Character Range: 4530–5889

7  Cessation of determinations—person ceases to be provided with home care in specified circumstances
 (1) For the purposes of paragraph 23B‑3(d) of the Act, the circumstances are:
 (a) the person ceases to be provided with home care, in respect of which home care subsidy is payable, for a continuous period of 56 days; or
 (b) the person enters a residential care service (other than as a recipient of respite care).
 (2) If the determination that the person is a prioritised home care recipient is varied under subsection 23B‑2(1) of the Act during the period referred to in paragraph (1)(a) of this section, each day before the variation is made is to be disregarded for the purposes of applying paragraph (1)(a) of this section to the person.
 (3) If the person, or another person authorised to act on the person's behalf, notifies the Secretary during the period referred to in paragraph (1)(a) that the person wishes a longer period to apply, paragraph (1)(a) applies to the person as if the reference to a continuous period of 56 days were instead a reference to a continuous period of 84 days.
 (4) For the purposes of paragraph (1)(a), a person is taken to be provided with home care, in respect of which home care subsidy is payable, on a day if, on the day, the provision of that home care to the person is suspended under section 46‑2 of the Act.