Document ID: chunk:federal_register_of_legislation:F2024C00744:reg:18:p20
Version: federal_register_of_legislation:F2024C00744
Segment Type: reg
Provision Reference: reg 18 (pt 20/47)
Character Range: 225592–228565

a nursing‑home type patient under the Health Insurance Act 1973.

    Note: If a former prisoner of war receives a standard of accommodation superior to that medically necessary, the Commission cannot accept financial responsibility for any amount additional to the residential care subsidy and daily care fee for that person.

10.2.2  Paragraph 10.2.1(a) applies to residential care provided on or after 1 January 2005 to a former prisoner of war – whether the person was receiving residential care immediately before 1 January 2005 or not.

    Note: the intention is that the beneficial effects of Instrument 10/2004 (abolition of high/low residential care requirements), which commenced on 1 January 2005, also apply to residential care on/after 1 January 2005 for POWs who were in low level residential care under the less beneficial Principles in force prior to 1 January 2005.

10.3 Payment of daily care fee for certain veterans with dependants
10.3.1  The Commission may, in exceptional circumstances, accept financial responsibility for the daily care fee for a veteran who:

         (a) has a dependant; and

              (b) is receiving residential care in a residential care facility because of war‑caused injury or war‑caused disease, or both.

Payment of Residential Care Fees for Victoria Cross Veterans

10.4 The Commission may accept financial responsibility for the daily care fee and the residential care subsidy for an entitled veteran awarded the Victoria Cross and who is receiving, or has received, residential care.

Part B — residential care involving residential care (respite)

Note (1): this heading is intended to be an aid in interpretation.

              Note (2): in Part B respite admission and residential care (respite) are interchangeable terms.

10.6 Residential care (respite) arrangements

       10.6.1 residential care (respite) may be provided to an entitled person in accordance with this Part.

Note: residential care (respite) includes residential care (28 day respite) under the Veterans' Home Care Program.

10.6.2 The Commission may, in accordance with the following Table and subject to this Part, accept financial liability for the provision of residential care (respite) to an entitled person for a period not exceeding 63 days in a Financial year or not exceeding such further period in a Financial year for which residential care provided as respite to the person is permitted under the Subsidy Principles 2014.

Note (1): in calculating the maximum period of residential care (respite) available to an entitled person for which the Commission may meet certain costs, periods of residential care (28 day respite) (where the Commission paid the daily care fee) and in‑home respite will be counted.
    Note (2) in Part B residential care (respite) includes residential care (28 day) respite.

Note (3): by virtue of Determination 4/2001 residential care (respite) may be applied to the non‑war caused (non‑accepted)