Document ID: chunk:federal_register_of_legislation:F2021C00040:reg:11
Version: federal_register_of_legislation:F2021C00040
Segment Type: reg
Provision Reference: reg 11
Character Range: 11759–14173

11  Payment of subsidies
 (1) Subject to subsection (4), the functions of the Aged Care Secretary under the following provisions are prescribed functions of the Chief Executive Medicare:
 (a) Parts 3.1 (residential care subsidies), 3.2 (home care subsidies) and 3.3 (flexible care subsidies) of the Aged Care Act;
 (b) Parts 3.1 (residential care subsidies), 3.2 (home care subsidies) and 3.3 (flexible care subsidies) of the Aged Care Transitional Act.
 (2) Subject to subsection (4), the Chief Executive Medicare also has the prescribed function, on behalf of the Commonwealth, to make payments of subsidies, and do anything necessary for the purpose of making such payments, in accordance with any of the provisions mentioned in paragraphs (1)(a) and (b).
 (3) The Chief Executive Medicare also has the following prescribed functions:
 (a) to make a record of information obtained in performing a prescribed function referred to in subsection (1) or (2);
 (b) to disclose that information to the Aged Care Minister, Aged Care Secretary or an officer of the Aged Care Department for use by that person in the exercise of powers under the Aged Care Act or the Aged Care Transitional Act.
 (4) It is not a prescribed function of the Chief Executive Medicare under subsection (1) or (2) to do any of the following:
 (a) to approve a form that the Aged Care Secretary is required to or permitted to approve under:
 (i) Part 3.1 (residential care subsidies) or 3.2 (home care subsidies) of the Aged Care Act; or
 (ii) Part 3.1 (residential care subsidies) or 3.2 (home care subsidies) of the Aged Care Transitional Act;
 (b) to make a determination under section 42‑5 of the Aged Care Act;
 (c) to revoke a determination under section 42‑6 of the Aged Care Act;
 (d) to make a determination under:
 (i) subsection 44‑20(5) or (6) of the Aged Care Act; or
 (ii) subsection 44‑20(5) or (6) of the Aged Care Transitional Act;
 (e) under section 44‑20A of the Aged Care Act:
 (i) to require a person to give information or produce a document; or
 (ii) to make a determination;
 (f) to perform a function or exercise a power of the Aged Care Minister in relation to the determination or payment of a subsidy under any of the provisions mentioned in subsection (1);
 (g) to enter into an agreement in relation to the payment of flexible care subsidy, in accordance with Part 2 of Chapter 4 of the Subsidy Principles 2014.