Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p42
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 42/50)
Character Range: 113932–116728

home care subsidy
 (1) An approved provider may vary the claim made in respect of a *payment period within:
 (a) either:
 (i) the period specified in the Aged Care (Transitional Provisions) Principles; or
 (ii) if no such period is specified—2 years after the end of that payment period; or
 (b) such longer period as is determined in respect of the claim by the Secretary.
 (1A) Without limiting subparagraph (1)(a)(i), the Aged Care (Transitional Provisions) Principles may specify different periods in respect of different classes of variations.
 (2) In determining a longer period for the purposes of paragraph (1)(b), the Secretary must be satisfied that a variation is required:
 (a) due to an administrative error made by the Commonwealth or an agent of the Commonwealth; or
 (b) because the Commonwealth or an agent of the Commonwealth considers that the circumstances of a care recipient are different from those on the basis of which subsidy was claimed.
Note: Determinations of periods under paragraph (1)(b) are reviewable under Part 6.1.
 (3) A determination made under paragraph (1)(b) is not a legislative instrument.

47‑5  Recovery of overpayments
  This Division does not affect the Commonwealth's right to recover overpayments under Part 6.5 of the Aged Care Act 1997.

Division 48—What is the amount of home care subsidy?

48‑1  Amount of home care subsidy
 (1) The amount of *home care subsidy that is payable to an approved provider in respect of a *payment period for a home care service is the sum of the amounts of home care subsidy payable to the approved provider in respect of each care recipient:
 (a) in respect of whom there is in force a *home care agreement for provision of home care provided through the service during the period; and
 (b) in respect of whom the approved provider was eligible under section 46‑1 for home care subsidy during the period.
 (2) The amount of *home care subsidy payable to the approved provider in respect of a care recipient in respect of the *payment period is the amount:
 (a) specified in the Aged Care (Transitional Provisions) Principles; or
 (b) worked out in accordance with a method specified in the Aged Care (Transitional Provisions) Principles.
 (3) Without limiting subsection (2), the Aged Care (Transitional Provisions) Principles made for the purposes of subsection (2) may authorise the making of legislative instruments by the Minister.

Part 3.3—Flexible care subsidy

Division 49—Introduction

49‑1  What this Part is about
      The *flexible care subsidy is a payment by the Commonwealth to approved providers for providing flexible care to care recipients.

Table of Divisions
49 Introduction
50 Who is eligible for flexible care subsidy?
51 On what basis is flexible care subsidy paid?
52 What is the amount