Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p25
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 25/50)
Character Range: 71356–74093

specified in the Aged Care (Transitional Provisions) Principles.
 (4) The reference in paragraph (2)(a) to care does not have the meaning given in the Dictionary in Schedule 1.
 (5) For the purposes of paragraph (b) of the definition of close relation in subsection (1), if one person is the child of another person because of the definition of child in this section, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.

44‑12  The respite supplement
 (1) The respite supplement for the care recipient in respect of the *payment period is the sum of all the respite supplements for the days during the period on which:
 (a) the care recipient was provided with residential care through the residential care service in question; and
 (b) the care recipient was eligible for a respite supplement.
 (2) The care recipient is eligible for a respite supplement on a particular day if, on that day:
 (a) the residential care provided through the residential care service:
 (i) was provided as *respite care; and
 (ii) meets any requirements specified in the Aged Care (Transitional Provisions) Principles; and
 (b) the care recipient's approval under Part 2.3 of the Aged Care Act 1997 was not limited so as to preclude the provision of respite care; and
 (c) the number of days on which the care recipient had previously been provided with residential care as respite care during the financial year in which the day occurred does not equal or exceed the number specified, for the purposes of this paragraph, in the Aged Care (Transitional Provisions) Principles; and
 (d) immediately before that day, the number of successive days on which the care recipient had been provided with residential care as respite care does not equal the number specified, for the purposes of this paragraph, in the Aged Care (Transitional Provisions) Principles.
 (3) The respite supplement for a particular day is the amount determined by the Minister by legislative instrument.
 (4) The Minister may determine different amounts (including nil amounts) based on any one or more of the following:
 (a) the different levels of care at which a care recipient may be assessed under section 22‑4 of the Aged Care Act 1997;
 (d) whether a care recipient continues to be provided with residential care through a residential care service immediately after ceasing to be provided with *respite care through that service;
 (e) whether a care recipient is a *member of a couple;
 (f) any other matters specified in the Aged Care (Transitional Provisions) Principles.

44‑13  The oxygen supplement
 (1) The oxygen supplement for the care recipient in respect of the *payment period is the sum of