Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p24
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 24/61)
Character Range: 240469–243110

for *residential care subsidy in respect of residential care provided to the same care recipient during that day.
 (3) Paragraph (2)(c) does not apply if the approved provider started providing residential care to the care recipient before the other approved provider.
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 residential care).
 (4) Despite any other provision of this Act, an approved provider operating a residential care service is not eligible for *residential care subsidy for a care recipient in respect of a day if the care recipient is on *pre‑entry leave from that service on that day.

42‑2  Leave from residential care services
 (1) On each day during which a care recipient is on *leave under this section from a residential care service, the care recipient is taken, for the purposes of this Part (other than section 42‑3) and for the purposes of section 63Q of the *Quality and Safety Commission Act, to be provided with residential care by the approved provider operating the residential care service.
 (2) A care recipient is on *leave under this section from a residential care service on each day of any period during which the care recipient attends a hospital for the purpose of receiving hospital treatment, so long as the day is on or after the day on which the care recipient *enters the residential care service.
Note: Attending a hospital for a period of extended hospital leave may result in the Minister determining a lower basic subsidy amount for the recipient for days occurring during that period, which will affect the amount of subsidy that is payable (see section 44‑3).
 (3) A care recipient is on *leave under this section from a residential care service on a day if:
 (a) during the whole of that day, the care recipient is absent from the residential care service; and
 (b) either:
 (i) the care recipient does not, during that day, attend a hospital for the purpose of receiving hospital treatment; or
 (ii) the care recipient does, during that day, attend a hospital for that purpose and the day is before the day on which the care recipient *enters the residential care service; and
 (ba) the care recipient is not on leave under subsection (3B) on that day; and
 (c) the number of days on which the care recipient has previously been on leave under this subsection, during the current financial year, is less than 52.
Note: If a care recipient is taken not to have been provided with care because the maximum number of days has been exceeded, subsidy