Document ID: chunk:federal_register_of_legislation:F2024C00744:reg:18:p38
Version: federal_register_of_legislation:F2024C00744
Segment Type: reg
Provision Reference: reg 18 (pt 38/47)
Character Range: 273828–276633

Commission's Aged and Extended Care Departments or by other bodies authorised by the Commission.

12.5.4  In making these assessments, continuing need for services provided in accordance with paragraph 12.5.1 will be considered to have been established if these have enabled an entitled person to be maintained at home, rather than entering a hospital or institution.

12.5.5  The Commission will not accept financial responsibility for the cost of home‑help services not provided in accordance with principle 12.5.1 or at a level of service in excess of that which existed at 15 September 1987.

12.6 Recovery of moneys
12.6.1  Where a payment has been made to any person or body, purportedly as payment for treatment, the Commission may recover (up to the extent that the payment exceeds the amount, if any, that should have been paid to that person or body) any moneys, the payment of which was induced or affected at all by:

(a) any misrepresentation; or

(b) any mistake of fact; or

(c) any mistake of law; or

(d) any other cause.

12.6.2  Further to paragraph 12.6.1, the Commission may recover moneys for any excess amounts that should not have been paid to that person or body:

(a) in a single demand; or

(b) by instalments; or

(c) by a combination of any of these methods of recovery.

12.6.3  Nothing in this principle is to be taken to restrict any other right or action for recovery of moneys.

Transitional Provisions

    1. Treatment Principles No. R52 of 2013

      (a) any arrangement entered into, or taken to have been entered into, by the Commission or the Department with a health provider, under the revoked Treatment Principles, being an arrangement that is in force immediately before the commencement of these Principles  is taken to have been entered into under these Principles.

      (b) any decision made, or action commenced, by the Commission, the Department, a health provider or an entitled person, under the revoked Treatment Principles being a decision or action that, immediately before the commencement of these Principles, was still in force or uncompleted, as the case may be, is taken, respectively, to have been made or instigated under these Principles.

      (c) a Scheme (eg Local Medical Officer Scheme, Local Dental Officer Scheme) prepared by the Commission under the revoked Treatment Principles, that is in force immediately before the commencement of these Principles and is referred to in these Principles, is taken to have been made by the Commission under these Principles.

      (d) a person who was receiving care under a Community Aged Care Package or Extended Aged Care at Home Package under the revoked Treatment Principles immediately before the commencement of these Principles, is, on the commencement of these Principles, entitled