Document ID: chunk:federal_register_of_legislation:F2024C00800:reg:18:p20
Version: federal_register_of_legislation:F2024C00800
Segment Type: reg
Provision Reference: reg 18 (pt 20/42)
Character Range: 204718–207550

of residential care (respite) under these Principles or the Aged Care Act 1997.

    Part C — respite care in an institution not involving residential care (respite)

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

        Note (2): an example of respite care in an institution not involving residential care (respite) would be respite provided to a person in a hospital.  The definition of residential care does not include hospital care.

    respite care in an institution (not a hospital)

    10.4 The Commission may accept, in whole or in part, financial responsibility for respite care in an institution for an entitled person for a maximum period of 28 days in a financial year:

            (a) being an institution (other than a private hospital or public hospital) in respect of which a residential care subsidy is not payable; and

            (b) if, in the opinion of the Commission, it is a cost‑effective and appropriate alternative to residential care (respite) under paragraph 10.3.1 and to Respite Care under the MRCA Home Care Program.

     Note: prior approval is required (see paragraph 3.2.1(h)).

     respite care in an institution (a private or public hospital)

      10.4A The Commission may accept, in whole or in part, financial responsibility for respite care in an institution for an entitled person where the institution is a private hospital or public hospital.

      Note (1) prior approval is not a requirement in these circumstances.
      Note (2) there is no express time limit in these circumstances but the Commission has a discretion to accept financial responsibility.  It could exercise its discretion not to accept financial responsibility if it considered the length of respite care in an institution to be excessive.

              Part D – HOME CARE

      Definition:

"co‑payment" means an amount a person must pay for home care but does not include an amount payable to the provider of the home care as subsidy under the Aged Care Act 1997.

10.5 The Commission may accept financial responsibility for the co‑payment a former prisoner of war, or an entitled member awarded the Victoria Cross for Australia (VC veteran), paid, or is to pay, for home care for the person pursuant to an agreement with the provider of the home care — to the extent the co‑payment does not exceed any limit under:

         (a) the Aged Care Act 1997;
         (b) instruments under the Aged Care Act 1997; or
         (c) any agreement between the provider of the care and the Secretary of the Department that administers the Aged Care Act 1997.

10.6 In deciding whether to accept financial responsibility for a co‑payment for home care provided to a former prisoner of war or VC recipient the Commission should take into account:

          (a) whether the care was provided in