Document ID: chunk:federal_register_of_legislation:F2024C00800:reg:18:p6
Version: federal_register_of_legislation:F2024C00800
Segment Type: reg
Provision Reference: reg 18 (pt 6/42)
Character Range: 168077–170792

of the Home Care service (category A) or Home Care service (category C).

7.3A.9 For the purposes of paragraph 7.3A.8, in relation to a proscribed amount that is an exempt amount, it is only a condition of an arrangement not to demand, receive or assign such a proscribed amount if the Commission has made a determination under paragraph 7.3A.10 and notified the approved provider, whether by electronic means or otherwise, of the effect of that determination.

7.3A.10 Pursuant to a request in writing from an entitled person or an approved provider, the Commission shall determine whether, in the opinion of the Commission, an entitled person is or is not an exempt entitled person and such a determination shall be recorded in writing and shall be prima facie evidence of the matters contained therein.

Note: an exempt entitled person is not required to pay an amount the person would otherwise be required to pay to an approved provider in respect of a Home Care service (category A) or Home Care service (category C).

7.3A.11 Where:

       (a)  under paragraph 7.3A.8, an entitled person cannot be required to pay an amount of money in respect of a Home Care service (category A) or Home Care service (category C) provided or to be provided to that person by an approved provider or a sub‑contractor, because:

 (i) the person is an exempt entitled person; and

          (b) a Home Care service (category A) or a Home Care service (category C) is provided to the entitled person by an approved provider or a sub‑contractor;

     the Commission will accept responsibility to pay to the approved provider in respect of the Home Care service (category A) or Home Care service (category C):

        (c) in the case where the entitled person could not be required to pay an amount because the person was an exempt entitled person — an amount equal to the amount the person could have been required to pay if the person had been an entitled person who was not an exempt entitled person;

        7.3A.12 A condition of any arrangement between the Commission and an approved provider for the provision of a Home Care service (category A) to an entitled person by the approved provider or any sub‑contractor engaged by it, is that a Home Care service (category A) will not be provided to an entitled person receiving residential care under the Aged Care Act 1997 including where the Commission accepts financial responsibility for the provision of that residential care pursuant to the Principles.

              7.3A.13 The prior approval of the Commission for:

           (a) the provision of a Home Care service (category A) to an entitled person by an approved provider;
    (b) the provision of a Home Care