Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p52
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 52/61)
Character Range: 309870–312861

due to an administrative error made by the Commonwealth or an agent of the Commonwealth; or
 (b) because the Commonwealth or an agent of the Commonwealth considers that the circumstances of a care recipient are different from those on the basis of which subsidy was claimed.
Note: Determinations of periods under paragraph (1)(b) are reviewable under Part 6.1.
 (3) A determination made under paragraph (1)(b) is not a legislative instrument.

47‑5  Recovery of overpayments
  This Division does not affect the Commonwealth's right to recover overpayments under Part 6.5.

Division 48—What is the amount of home care subsidy?

Subdivision A—Amount of home care subsidy

48‑1  Amount of home care subsidy
 (1) The amount of *home care subsidy payable to an approved provider for a home care service in respect of a *payment period is the amount worked out by adding together the amounts of home care subsidy for each care recipient:
 (a) in respect of whom there is in force a *home care agreement for provision of home care provided through the service during the period; and
 (b) in respect of whom the approved provider was eligible for home care subsidy during the period.
 (2) The amount of *home care subsidy for a care recipient in respect of the *payment period is worked out as follows:

      Home care subsidy calculator
           Step 1. Work out the Commonwealth contribution amount using section 48‑1A.
           Step 2. Work out the shortfall amount using section 48‑13.
           Step 3. If subsection (3) does not apply, work out, using section 48‑17, the home care account balance in the care recipient's *home care account immediately before the approved provider gives to the Secretary, under section 47‑4, a claim in respect of the *payment period.
           Step 4. Identify:

                (a) if subsection (3) applies—the Commonwealth contribution amount; or
                (b) otherwise—the sum of the Commonwealth contribution amount and the home care account balance.

      This is the maximum contribution amount.
           Step 5. Identify the lesser of the following amounts (or either amount if they are the same):

                (a) the shortfall amount;
                (b) the maximum contribution amount.
      This is the amount of home care subsidy for the care recipient in respect of the *payment period.
 (3) This subsection applies if:
 (a) within the period specified in the Subsidy Principles before the day the approved provider gives to the Secretary, under section 47‑4, the claim in respect of the *payment period, another approved provider ceases to provide home care to the care recipient; or
 (b) any other circumstances specified in the Subsidy Principles apply.

Subdivision B—Commonwealth contribution amount

48‑1A  Commonwealth contribution amount
  The Commonwealth contribution amount for the care recipient in respect of the *payment period is worked out as follows:

      Commonwealth contribution amount calculator