Document ID: chunk:federal_register_of_legislation:C2016A00019:clause:1_47
Version: federal_register_of_legislation:C2016A00019
Segment Type: clause
Provision Reference: sch 1 cl 47
Character Range: 19029–20435

47  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 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 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 (relating to a person's approval as a provider of *aged care services) or Division 20 (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 in relation to the home care service.