Document ID: chunk:federal_register_of_legislation:C2016A00019:clause:1_63
Version: federal_register_of_legislation:C2016A00019
Segment Type: clause
Provision Reference: sch 1 cl 63
Character Range: 24141–25662

63  Section 46‑1
Repeal the section, substitute:

46‑1  Eligibility for home care subsidy
 (1) An approved provider is eligible for *home care subsidy in respect of a day if the Secretary is satisfied that:
 (a) the approved provider is approved under Part 2.1 of the Aged Care Act 1997 as a provider of home care; and
 (b) on that day there is in force a *home care agreement under which a care recipient approved under Part 2.3 of the Aged Care Act 1997 in respect of home care is to be provided with home care by the approved provider through a home care service; and
 (c) the home care service is a notified home care service; and
 (d) the care recipient is a *prioritised home care recipient; and
 (e) on that day the approved provider provides the care recipient with such home care (if any) as is required under the home care agreement; and
 (f) the approved provider has agreed in the claim relating to the day to deal with the care recipient's *unspent home care amount in accordance with the User Rights Principles.
Note: Eligibility may also be affected by Division 7 of the Aged Care Act 1997 (relating to a person's approval as a provider of aged care services) or Division 20 of that Act (relating to a person's approval as a recipient of home care).
 (2) For the purposes of paragraph (1)(c), a home care service is a notified home care service if the approved provider has notified the Secretary of the information required by section 9‑1A of the Aged Care Act 1997 in relation to the home care service.