Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p7
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 7/50)
Character Range: 26896–29542

the affected 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 affected service; and
 (c) the Minister determines under subsection 42‑2A(1) of the Aged Care Act 1997 that there is a situation of emergency for that day for the affected service or a class of residential care services that includes the affected service.
 (4) Despite subsections (2), (3), (3A) and (3B), a care recipient cannot be on *leave under this section from a residential care service during any period during which the residential care in question would have been *respite care.

42‑3  Working out periods of leave
 (1) In working out the days on which a care recipient is on *leave under section 42‑2:
 (a) include the day on which the period commenced; and
 (b) do not include the day on which the approved provider recommenced, or commenced, providing residential care to the care recipient.
Note: Absences that do not include an overnight absence from a residential care service are not counted as *leave because of paragraph (b).
 (2) Subject to subsection (3), a care recipient cannot be on *leave under section 42‑2 from a residential care service before he or she *enters the service.
 (3) A care recipient may be on leave under section 42‑2 on the days during the period starting on the later of:
 (a) the day on which he or she was notified that there was a vacancy in the residential care service in question; or
 (aa) the day on which he or she accepted a place in the residential care service; or
 (b) the day that is 7 days, or such other period as is specified in the Aged Care (Transitional Provisions) Principles, before the day on which the person *enters the residential care service;
and ending at the end of the day before the day the person enters the residential care service.

42‑7  Exceeding the number of places for which there is an allocation
 (1) For the purposes of a person's eligibility for *residential care subsidy, residential care provided to a particular care recipient on a particular day is excluded if:
 (a) the number of care recipients provided with residential care by the approved provider during that day exceeds the number of *places included in the approved provider's allocation of places for residential care subsidy; and
 (b) the Secretary decides, in accordance with subsection (2), that the residential care provided to that particular care recipient on that day is to be