Document ID: chunk:federal_register_of_legislation:F2024C00800:reg:18:p17
Version: federal_register_of_legislation:F2024C00800
Segment Type: reg
Provision Reference: reg 18 (pt 17/42)
Character Range: 196972–200133

Care Act 1997 the Commonwealth is not necessarily liable to pay resident fees such as the daily care fee.  Liability to pay that amount may be accepted by the Commission under the Principles.

10.2 Payment of daily care fee for certain entitled members with dependants
10.2.1  The Commission may, in exceptional circumstances, accept financial responsibility for the daily care fee for an entitled member who:

         (a) has a dependant; and

              (b) is receiving residential care because of a service injury or a service disease or both.

              Part B — residential care involving residential care (respite)

 Note (1): this heading is intended to be an aid in interpretation.

10.3 Residential care (respite) arrangements

       10.3.1 residential care (respite) may be provided to an entitled person in accordance with this Part.

    Note: residential care (respite) includes residential care (28 day respite) under the MRCA Home Care Program.

10.3.2 The Commission may, in accordance with the following Table and subject to this Part, accept financial liability for the provision of residential care (respite) to an entitled person for a period not exceeding 63 days in a Financial year or not exceeding such further period in a Financial year for which residential care provided as respite to the person is permitted under the Subsidy Principles 2014.
Note (1): in calculating the maximum period of residential care (respite) available to an entitled person for which the Commission may meet certain costs, periods of residential care (28 day respite) (where the Commission paid the daily care fee) and in‑home respite will be counted.

    Note (2) In Part B residential care (respite) includes residential care (28 day) respite.

Note (3):the Subsidy Principles 2014 (Principles) are made under subsection 96‑1 of the Aged Care Act 1997.  Under s.23 of the Principles the Secretary of the Department that administers the Aged Care Act 1997 may increase the number of days a person may be provided with residential care as respite care by 21.

    LIMITS OF FINANCIAL RESPONSIBILITY ACCEPTED BY THE COMMISSION FOR RESIDENTIAL CARE (RESPITE)

category of patient  type of care; max.period of care permitted; type of care costs accepted  type of care; max.period of care permitted; type of care costs accepted

                     residential care (28 day respite)                                        residential care (respite) other than residential care (28 day respite)

                                                                                              upon an entitled person exhausting 28 days of residential care (28 day respite) in a Financial year — between and including 29 to 63 days* in that Financial year
                     up to 28 days (inclusive) in a Financial year

entitled person      RCS + DCF                                                                RCS

    For the purposes of this table:

         'RCS' means the Commission will accept financial responsibility for the residential care subsidy (including any veterans' supplement).

         'DCF' means the Commission will accept