Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p43
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 43/50)
Character Range: 116487–119224

by the Commonwealth to approved providers for providing flexible care to care recipients.

Table of Divisions
49 Introduction
50 Who is eligible for flexible care subsidy?
51 On what basis is flexible care subsidy paid?
52 What is the amount of flexible care subsidy?

49‑2  Flexible care subsidy also dealt with in Aged Care (Transitional Provisions) Principles
  *Flexible care subsidy is also dealt with in the Aged Care (Transitional Provisions) Principles. Provisions of this Part indicate when a particular matter is or may be dealt with in those Principles.
Note: The Aged Care (Transitional Provisions) Principles are made by the Minister under section 96‑1.

49‑3  Meaning of flexible care
  Flexible care means care provided in a residential or community setting through an *aged care service that addresses the needs of care recipients in alternative ways to the care provided through residential care services and home care services.

Division 50—Who is eligible for flexible care subsidy?

50‑1  Eligibility for flexible care subsidy
 (1) An approved provider is eligible for *flexible care subsidy in respect of a day if the Secretary is satisfied that, during that day:
 (a) the approved provider holds an allocation of *places for flexible care subsidy that is in force under Part 2.2 of the Aged Care Act 1997 (other than a *provisional allocation); and
 (b) the approved provider:
 (i) provides flexible care to a care recipient who is approved under Part 2.3 of the Aged Care Act 1997 in respect of flexible care; or
 (ii) provides flexible care to a care recipient who is included in a class of people who, under the Aged Care (Transitional Provisions) Principles, do not need approval under Part 2.3 of the Aged Care Act 1997 in respect of flexible care; or
 (iii) is taken to provide flexible care in the circumstances set out in the Aged Care (Transitional Provisions) Principles; and
 (c) the flexible care is of a kind for which flexible care subsidy may be payable (see section 50‑2).
 (2) However, the approved provider is not eligible in respect of flexible care provided to the care recipient if the care is excluded because the approved provider exceeds the approved provider's allocation of *places for *flexible care subsidy (see section 50‑3).
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 flexible care).

50‑2  Kinds of care for which flexible care subsidy may be payable
 (1) The Aged Care (Transitional Provisions) Principles may specify kinds of care for which *flexible care subsidy may be payable.
 (2) Kinds of care