Document ID: chunk:federal_register_of_legislation:F2024C00800:reg:18:p16
Version: federal_register_of_legislation:F2024C00800
Segment Type: reg
Provision Reference: reg 18 (pt 16/42)
Character Range: 194454–197200

matters
9.6.1 The Commission may withdraw its approval, at any time, for an entitled person's continued inpatient treatment in a hospital or other institution.

PART 10 — RESIDENTIAL CARE, HOME CARE AND TRANSITION CARE CO‑PAYMENT
Part A — residential care not involving residential care (respite)

Note: this heading is intended to be an aid in interpretation.

10.1 Residential care arrangements
10.1.1  Residential care may be provided in accordance with this Part to:

         (a) a person who has a current valid Gold Card; or

         (b)  a person who has a current valid White Card.

             Note :'residential care' is defined in paragraph 1.4.1.

10.1.2  Subject to paragraph 10.1.3 and paragraph 10.1.5, a person referred to in paragraph 10.1.1 may be provided with residential care under the Aged Care Act 1997 and the Principles.

10.1.3  Upon the Commonwealth becoming liable to pay an amount under the Aged Care Act 1997 (e.g. veterans' supplement) in respect of residential care for a person referred to in paragraph 10.1.1, the Commission is taken to have:

              (a) arranged for the provision of that residential care in accordance with this Part; and

              (b) accepted financial responsibility for that amount.
Note: The effect of paragraph 10.1.3 is to provide for payment to be made under the Act instead of the Aged Care Act 1997.  Section 96‑10 of the Aged Care Act 1997 provides that subsidies (which would include the veterans' supplement) payable under Chapter 3 of the Aged Care Act 1997 in respect of treatment under Division 4 of Part 3 of Chapter 6 of the Act are not payable as an automatic appropriation out of the Consolidated Revenue Fund under the Aged Care Act 1997 but are payable out of that Fund in accordance with the relevant appropriation provisions relating to the arrangement of treatment by the Commission under the Act.

10.1.4  Paragraph 10.1.3 does not permit payments to be made by the Commonwealth under both the Act and the Aged Care Act 1997 in respect of the same amount for which the Commonwealth has become liable.
10.1.5 Despite paragraph 10.1.3, where residential care is provided to an entitled person under the Aged Care Act 1997 and the Commonwealth is not liable to pay an amount under that Act in respect of an amount incurred by the entitled person in relation to that care, the Commission may accept financial liability for any such amount incurred by the entitled person where the Principles so provide.

Note: under the Aged Care Act 1997 the Commonwealth is not necessarily liable to pay resident fees such as the daily care fee.  Liability to pay that amount may be accepted by the Commission under the Principles.

10.2 Payment of daily care fee for