Document ID: chunk:federal_register_of_legislation:F2024C00800:reg:18:p4
Version: federal_register_of_legislation:F2024C00800
Segment Type: reg
Provision Reference: reg 18 (pt 4/42)
Character Range: 162884–165770

is liable to pay weekly compensation for household services provided to a person, the person is not entitled to Domestic Assistance or Home and Garden Maintenance.

        (2) If, under section 217 of the Act, the Commonwealth is liable to pay weekly compensation for attendant care services provided to a person, the person is not entitled to Personal Care.

     7.3A.4  Outcome of Assessment

    (1) Where under 7.3A.1(1) the Commission decides that an entitled person is not suitable for a relevant service, it shall inform the entitled person accordingly and give reasons for its decision.

    (2) Where under 7.3A.1(1) the Commission decides that an entitled person is suitable for a relevant service, it shall:

              (a) determine the type, duration and frequency of the service;
              (b) in the case of a Home Care service (category A) or a Home Care service (category C) — allocate responsibility for providing the service to an appropriate approved provider; and
              (c) in the case of a Home Care service (category B) — provide the service.

    Note (1): in practice the Commission may delegate its power to assess a person's suitability for a service to contractors (called MHC assessment agency).

    Note (2): The Commission may also delegate its power to allocate the task of providing any "category A or C service" to contractors (called a MHC assessment agency).

    Note (3): The Commission may delegate its power to provide a Home Care service (category B) to a contractor (e.g. an instrumentality of a State or Territory).

    Note (4): Contractors may, in turn, sub‑contract the responsibility to provide a relevant service.

7.3A.4A An approved provider may provide a Home Care service (category A), a Home Care service (category B) or a Home Care service (category C) to an entitled person.

7.3A.5 The Commission may accept financial responsibility for the provision of a Home Care service (category A) to an entitled person by an approved provider if the service is supplied:

             (i) in accordance with the arrangement between the approved provider and the Commission; and

           (ii) in accordance with the terms of a decision under paragraph 7.3A.1(1) that the entitled person is suitable for the service; and

    (iii) in accordance with the Principles.

7.3A.6   The Commission may accept financial responsibility for the provision of a Home Care service (category B) to an entitled person by the Commission.

Note: in practice the Commission may delegate its power to assess "Home Care need" to a contractor and may delegate its power to supply a Home Care service (category B) to a contractor.  Those contractors may, in turn, sub‑contract the obligation to supply the relevant services.

7.3A.6B The Commission may accept financial responsibility for the provision of a Home Care service (category C) to