Document ID: chunk:federal_register_of_legislation:F2025C00071:reg:102a
Version: federal_register_of_legislation:F2025C00071
Segment Type: reg
Provision Reference: reg 102A
Character Range: 173566–175974

102A  Circumstances in which flexible care is taken to be provided to certain care recipients with disabilities
 (1) This section applies in relation to a care recipient with a disability if:
 (a) the care recipient is being provided with flexible care by an approved provider through an innovative care service; and
 (b) the flexible care is provided in disability supported accommodation that is funded by a State or Territory; and
 (c) the care recipient was receiving aged care services under the Aged Care Innovative Pool Disability Aged Care Programme on 25 May 2006.
 (2) For subparagraph 50‑1(1)(b)(iii) of the Act, the approved provider is taken to provide flexible care to the care recipient on each day during which the care recipient is on leave under this section from the premises where the accommodation is provided.
 (3) The care recipient is on leave under this section from the premises on each day of any period of continuous days (up to a maximum of 30 continuous days in each period) during which the care recipient attends a hospital for the purpose of receiving hospital treatment.
 (4) The care recipient is on leave under this section from the premises on each day (up to a maximum of 52 days in a financial year) during which the care recipient is absent from the premises, other than to attend a hospital for the purpose of receiving hospital treatment.
 (5) In working out the days on which a care recipient is on leave under this section from the premises:
 (a) include the day on which the period of leave commenced; and
 (b) do not include the day on which the provision of flexible care to the care recipient recommenced.
Note 1: Absences that do not include an overnight absence are not counted as leave because of paragraph (5)(b).
Note 2: If a care recipient is not taken to have been provided with flexible care by the approved provider on a day because the maximum number of days under subsection (3) or (4) has been exceeded, the approved provider will not be eligible for flexible care subsidy in respect of the care recipient and the day.
 (6) If the care recipient permanently leaves the premises where the accommodation is provided:
 (a) the care recipient is not on leave under this section from the premises on the day the care recipient leaves the premises; and
 (b) the approved provider is taken not to provide flexible care to the care recipient on that day.