Document ID: chunk:federal_register_of_legislation:F2024C00744:reg:18:p7
Version: federal_register_of_legislation:F2024C00744
Segment Type: reg
Provision Reference: reg 18 (pt 7/47)
Character Range: 191590–194323

been an entitled person who was not an exempt entitled person;

        (d) in the case where the entitled person could not be required to pay an amount because the person was provided with a "similar service no charge" — an amount equal to the amount the person could have been required to pay if the Home Care service (category A or Home Care service (category C) provided to the entitled person had not been a "similar service no charge";

       (e) in the case where the entitled person could not be required to pay a certain amount because the person was provided with a "similar service some charge" and the amount the person could not be required to pay was a proscribed amount because it exceeded the amount the person was charged when the person received the Home and Community Care Program service on which the "similar service some charge" was based — an amount equal to that proscribed amount;

         Note: it is the intention that the Commission accept responsibility for a proscribed amount referred to in paragraph (f) of the definition of "proscribed amount" (part of charge per hour) and not for the proscribed amount referred to in paragraph (b) of the definition of "proscribed amount" (amount exceeding maximum amount payable weekly or over a longer period).

        7.3A.12 A condition of any arrangement between the Commission and an approved provider for the provision of a Home Care service (category A) to an entitled person by the approved provider or any sub‑contractor engaged by it, is that a Home Care service (category A) will not be provided to an entitled person receiving residential care under the Aged Care Act 1997 including where the Commission accepts financial responsibility for the provision of that residential care pursuant to the Principles.

         7.3A.13 The prior approval of the Commission for:

        (a) the provision of a Home Care service (category A) to an entitled person by an approved provider;
    (b) the provision of a Home Care service (category B) to an
     entitled person by an approved provider; or
        (c) the provision of a Home Care service (category C) to an entitled person by an approved provider;

is not required except that in the case of the provision of a Home Care service (category A) to an entitled person by an approved provider that is emergency short term home relief (ESTHR), the prior approval of the Commission is required for the provision of ESTHR within 24 hours after a previous service of ESTHR.

Note: the fact that the Commission's prior approval for treatment is not required does not mean an assessment is not required.

         Transitional

7.3A.14 For the purposes of paragraph 7.3A.15:

"former service", in relation to