Document ID: chunk:federal_register_of_legislation:C2008A00001:clause:1_26:p2
Version: federal_register_of_legislation:C2008A00001
Segment Type: clause
Provision Reference: sch 1 cl 26 (pt 2/2)
Character Range: 10141–12343

care service and the person is not a *pre‑2008 reform resident.

44‑5D  Meaning of pre‑2008 reform resident

 (1) A person is a pre‑2008 reform resident if:
 (a) the person is being provided with residential care through a residential care service; and
 (b) either:
 (i) the person *entered a residential care service before 20 March 2008; or
 (ii) the person was on *pre‑entry leave from a residential care service immediately before 20 March 2008 and the person entered the residential care service on or after 20 March 2008 at the end of that pre‑entry leave; and
 (c) the person has not had a break in residential care of more than 28 days between:
 (i) the last residential care service through which residential care was provided, or taken to be provided, to the person before 20 March 2008 and the next residential care service through which residential care is provided, or taken to be provided, to the person; and
 (ii) any residential care service through which residential care is provided, or taken to be provided, to the person on or after 20 March 2008 and the next residential care service through which residential care is provided, or taken to be provided, to the person.

 (2) The period:
 (a) beginning on the day on which a person ceases to be provided with residential care through a residential care service (other than because the person is on *leave from the residential care service); and
 (b) ending on the day on which the person *enters, or begins *pre‑entry leave, with the next residential care service through which residential care is provided, or taken to be provided, to the person;
is a break in residential care for the person.

 (3) For the purposes of subsections (1) and (2), a person is not provided, or taken to be provided, with residential care during any period during which the person is being provided with *respite care.

44‑5E  Meaning of pre‑entry leave

  A care recipient is on pre‑entry leave from a residential care service on a particular day if, on that day, the care recipient is taken to be provided with residential care by the residential care service because the care recipient is on *leave under section 42‑2 because of subsection 42‑3(3).