Document ID: chunk:federal_register_of_legislation:F2024C00800:reg:18:p19
Version: federal_register_of_legislation:F2024C00800
Segment Type: reg
Provision Reference: reg 18 (pt 19/42)
Character Range: 202393–204970

of 7 hours.

           (2) For the purpose of determining if the limit of days for residential care (respite) has been reached by reference to the number of days an entitled person spent in in‑home respite, a day of 7 hours in in‑home respite is taken to have been a day of 24 hours, and for the purpose of determining if the limit of days for in‑home respite has been reached by reference to the number of days an entitled person spent in residential care (respite), a day of 24 hours in residential care (respite), is taken to have been a day of 7 hours.

            Note: the "limit of days" for residential care (respite) or for in‑home respite means the maximum number of days for which the Commission may accept financial liability for ‑ in the case of residential care (respite), the residential care subsidy or the residential care subsidy and the daily care fee, or for ‑ in the case of in‑home respite, the cost of respite

10.3.9  Upon the Commonwealth or an entitled person becoming liable to pay an amount under the Aged Care Act 1997 in respect of residential care (respite) provided to that person and the Commission assuming financial responsibility for that amount, the Commission is taken to have arranged for the provision of that residential care (respite) to that entitled person in accordance with this Part.
Note (1): the effect of paragraph 10.3.9 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 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.

Note (2): the amount an entitled person could be liable to pay for residential care (respite) is the daily care fee, being a resident's contribution to his or her care.

10.3.10   Nothing in this Part is to be taken to 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 in respect 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):