Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p32
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 32/61)
Character Range: 260437–263282

part of the service; or
 (b) some or all of the capital payments were made more than 5 years before the first of the deductions is to be made; or
 (c) the circumstances (if any) specified in the Subsidy Principles apply.
The proportion is to be worked out in accordance with the Subsidy Principles.
 (4) The agreement must provide for the deductions to be completed within 3 years after the making of the first deduction.
 (5) In this section:
capital payment means:
 (a) a *residential care grant; or
 (b) a payment of a kind specified in the Subsidy Principles.

43‑9  Recovery of overpayments
  This Division does not affect the Commonwealth's right to recover overpayments under Part 6.5.

Division 44—What is the amount of residential care subsidy?

44‑1  What this Division is about
      Amounts of *residential care subsidy payable under Division 43 to an approved provider are worked out under this Division in respect of each residential care service. The amount in respect of a residential care service is determined by adding together amounts worked out, using the residential care subsidy calculator in section 44‑2, in respect of individual care recipients in the service.

Table of Subdivisions
44‑A Working out the amount of residential care subsidy
44‑B The basic subsidy amount
44‑C Primary supplements
44‑D Reductions in subsidy
44‑F Other supplements

Subdivision 44‑A—Working out the amount of residential care subsidy

44‑2  Amount of residential care subsidy
 (1) The amount of *residential care subsidy payable to an approved provider for a residential care service in respect of a *payment period is the amount worked out by adding together the amounts of residential care subsidy for each care recipient:
 (a) to whom the approved provider provided residential care through the residential care service during the period; and
 (b) in respect of whom the approved provider was eligible for residential care subsidy during the period.
 (2) This is how to work out the amount of *residential care subsidy for a care recipient in respect of the *payment period.

      Residential care subsidy calculator
           Step 1. Work out the basic subsidy amount using Subdivision 44‑B.
           Step 2. Add to this amount the amounts of any primary supplements worked out using Subdivision 44‑C.
           Step 3. Subtract the amounts of any reductions in subsidy worked out using Subdivision 44‑D.
           Step 4. Add the amounts of any other supplements worked out using Subdivision 44‑F.
      The result is the amount of residential care subsidy for the care recipient in respect of the payment period.

Subdivision 44‑B—The basic subsidy amount

44‑3  The basic subsidy amount
 (1) The basic subsidy amount for the care recipient in respect of the *payment period is the sum of all the basic subsidy amounts for the