Document ID: chunk:federal_register_of_legislation:F2024C00744:reg:18:p24
Version: federal_register_of_legislation:F2024C00744
Segment Type: reg
Provision Reference: reg 18 (pt 24/47)
Character Range: 236244–239131

Home Care Program.

     Note (1): prior approval is required (see paragraph 3.2.1(h)).
            Note (2): an institution here would include a residential care facility not covered by the Aged Care Act 1997.

     respite care in an institution (being a private or public hospital)

     10.7A The Commission may accept, in whole or in part, financial responsibility for respite care in an institution for an entitled person where the institution is a private hospital or public hospital.

     Note (1) prior approval is not a requirement in these circumstances.
     Note (2) there is no express time limit in these circumstances but the Commission has a discretion to accept financial responsibility.  It could exercise its discretion not to accept financial responsibility if it considered the length of respite care in an institution to be excessive.

Part D – HOME CARE CO‑PAYMENT

      Definition:

      "co‑payment", in this Part, means an amount a person must pay for home care but does not include an amount payable to the provider of the home care as subsidy under the Aged Care Act 1997.

      10.8 The Commission may accept financial responsibility for the co‑payment a former prisoner of war, or an entitled veteran awarded the Victoria Cross (VC veteran), paid, or is to pay, for home care for the person pursuant to an agreement with the provider of the home care — to the extent the co‑payment does not exceed any limit under:

      (a) the Aged Care Act 1997;
      (b) instruments under the Aged Care Act 1997; or
              (c) any agreement between the provider of the care and the Secretary of the Department that administers the Aged Care Act 1997.

      10.9 In deciding whether to accept financial responsibility for a co‑payment for home care provided to a former prisoner of war or VC veteran the Commission should take into account:

              (a) whether the care was provided in accordance with the relevant provisions of the Aged Care Act 1997 and the relevant instruments thereunder;

             (b) whether the care complies with the requirements of any agreement between the provider of the care and the Secretary of the Department that administers the Aged Care Act 1997; and

             (c) whether the care essentially duplicates treatment the former prisoner of war or VC veteran is receiving under other provisions of the Principles (double‑dipping).

      10.10 Billing

      10.10.1 The provider of a service of home care should bill the Department of Human Services for the co‑payment rather than the former prisoner of war or VC veteran (client) but if the client is billed, the Commission may, subject to paragraphs 10.8 and 10.9, accept financial responsibility for the co‑payment.

Part E – TRANSITION CARE CO‑PAYMENT

      Definition:

      "co‑payment", in this Part, means an amount a person must pay for transition