Document ID: chunk:federal_register_of_legislation:F2025C00074:reg:37
Version: federal_register_of_legislation:F2025C00074
Segment Type: reg
Provision Reference: reg 37
Character Range: 108023–110189

37  Giving notices and making payments—transfer portion
 (1) This section applies if:
 (a) before 1 September 2021, an approved provider (the first provider) had ceased to provide home care to a care recipient; and
 (b) the transfer portion of the care recipient's unspent home care amount was more than nil; and
 (c) the first provider is notified, within 56 days after the cessation day, that the care recipient has entered into a home care agreement with a new approved provider; and
 (d) immediately before 1 September 2021, the first provider had not paid the transfer portion of the care recipient's unspent home care amount to the new approved provider in accordance with item 2 of the table in subsection 21F(2) of the old principles.

Payment and notice—care recipient portion
 (2) The first provider must:
 (a) pay the care recipient portion of the care recipient's unspent home care amount to the new approved provider within 70 days after the cessation day; and
 (b) at the time the care recipient portion is paid, give the new approved provider a copy of the notice given by the first provider under section 21E of the old principles relating to the care recipient.

Payment and notice—Commonwealth portion
 (3) The Commonwealth portion of the care recipient's unspent home care amount is due and payable by the first provider to the Commonwealth at the end of 70 days after the cessation day.
Note: The Commonwealth portion of a care recipient's unspent home care amount is a recoverable amount and may, under section 95‑3 of the Act, be deducted from other amounts payable to the approved provider.
 (4) If:
 (a) the Commonwealth portion of the care recipient's unspent home care amount will become due and payable to the Commonwealth under subsection (3); or
 (b) the Commonwealth portion of the care recipient's unspent home care amount is nil;
the first provider must, within 70 days after the cessation day, give a notice containing that information to the Secretary, in a form approved, in writing, by the Secretary.

Division 7—Transitional provisions relating to the Aged Care Legislation Amendment (Capping Home Care Charges) Principles 2022