Document ID: chunk:federal_register_of_legislation:F2024C00744:reg:18:p6
Version: federal_register_of_legislation:F2024C00744
Segment Type: reg
Provision Reference: reg 18 (pt 6/47)
Character Range: 189161–191814

the effect of that determination.

7.3A.10  Pursuant to a request in writing from an entitled person or an approved provider, the Commission shall determine whether, in the opinion of the Commission, an entitled person is or is not an exempt entitled person and such a determination shall be recorded in writing and shall be prima facie evidence of the matters contained therein.

Note: an exempt entitled person is not required to pay an amount the person would otherwise be required to pay to an approved provider in respect of a Home Care service (category A) or Home Care service (category C).

7.3A.11 Where:

    (a) under paragraph 7.3A.8, an entitled person cannot be required to pay an amount of money in respect of a Home Care service (category A) or Home Care service (category C) provided or to be provided to that person by an approved provider or a sub‑contractor, because:

           (i) the person is an exempt entitled person; or
          (ii) the Home Care service (category A) or Home Care service (category C) provided or to be provided to the entitled person is a similar service to a Home and Community Care Program service the entitled person received immediately before 1 January 2001 and in respect of which the entitled person had not been required to pay a charge ("similar service no charge"); or

          (iii) the Home Care service (category A) or Home Care service (category C) provided or to be provided to the entitled person is a similar service to a Home and Community Care Program service the entitled person received immediately before 1 January 2001 and in respect of which the entitled person had been required to pay a charge ("similar service some charge") but the amount of money that could have been required of the person under the Veterans' Home Care Program, but for it being a proscribed amount, exceeds that charge; and

        (b) a Home Care service (category A) or Home Care service (category C) is provided to the entitled person by an approved provider or a sub‑contractor;

     the Commission will accept responsibility to pay to the approved provider in respect of the Home Care service (category A) or Home Care service (category C):

        (c) in the case where the entitled person could not be required to pay an amount because the person was an exempt entitled person — an amount equal to the amount the person could have been required to pay if the person had 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