Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p22
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 22/61)
Character Range: 235331–238198

accommodation, services and food to be provided to the care recipient.
Note: The notice under subsection 32‑9(1) will specify minimum standards, but care recipients and the persons providing care may make agreements to provide more than the minimum.
 (2) An *extra service agreement must also:
 (a) contain the provisions (if any) set out in the Extra Service Principles; and
 (b) deal with the matters (if any) specified in the Extra Service Principles.

36‑4  Additional protection for existing residents
  An *extra service agreement entered into with a care recipient who was being provided with care in a residential care service, or a *distinct part of a residential care service, immediately before *extra service status became effective under Division 32 must provide that the care recipient may terminate the agreement:
 (a) at any time during the 3 months after the date of effect of the agreement; and
 (b) without penalty of any kind.
Note: Under paragraph 56‑1(g), an approved provider has a responsibility to comply with this Division. A failure to comply may lead to sanctions being imposed under Part 7B of the *Quality and Safety Commission Act.

Chapter 3—Subsidies

Division 40—Introduction

40‑1  What this Chapter is about

      The Commonwealth pays *subsidies under this Chapter to approved providers for *aged care that has been provided. These subsidies are:
         • *residential care subsidy (see Part 3.1);
         • *home care subsidy (see Part 3.2);
         • *flexible care subsidy (see Part 3.3).
      A number of approvals and other decisions may need to have been made under Chapter 2 before a particular kind of payment can be made (see section 5‑2). For example, an approved provider can only receive subsidy for providing residential care or flexible care in respect of which a *place has been allocated. Receipt of payments under this Chapter gives rise to certain responsibilities, that are dealt with in Chapter 4.

Part 3.1—Residential care subsidy

Division 41—Introduction

41‑1  What this Part is about
      The *residential care subsidy is a payment by the Commonwealth to approved providers for providing residential care to care recipients.

Table of Divisions
41 Introduction
42 Who is eligible for residential care subsidy?
43 How is residential care subsidy paid?
44 What is the amount of residential care subsidy?

41‑2  The Subsidy Principles
  *Residential care subsidy is also dealt with in the Subsidy Principles. Provisions in this Part indicate when a particular matter is or may be dealt with in these Principles.
Note: The Subsidy Principles are made by the Minister under section 96‑1.

41‑3  Meaning of residential care
 (1) Residential care is personal care or nursing care, or both personal care and nursing care, that:
 (a) is provided to a person in a residential facility in which the person