Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p40
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 40/50)
Character Range: 109127–111756

the Aged Care (Transitional Provisions) Principles. Provisions of this Part indicate when a particular matter is or may be dealt with in those Principles.
Note: The Aged Care (Transitional Provisions) Principles are made by the Minister under section 96‑1.

45‑3  Meaning of home care
 (1) Home care is care consisting of a package of personal care services and other personal assistance provided to a person who is not being provided with residential care.
 (2) The Aged Care (Transitional Provisions) Principles may specify care that:
 (a) constitutes home care for the purposes of this Act; or
 (b) does not constitute home care for the purposes of this Act.

Division 46—Who is eligible for home care subsidy?

46‑1  Eligibility for home care subsidy
 (1) An approved provider is eligible for *home care subsidy in respect of a day if the Secretary is satisfied that:
 (a) the approval of the approved provider is in respect of home care; and
 (b) on that day there is in force a *home care agreement under which a care recipient approved under Part 2.3 of the Aged Care Act 1997 in respect of home care is to be provided with home care by the approved provider through a home care service; and
 (c) the home care service is a notified home care service; and
 (d) the care recipient is a *prioritised home care recipient; and
 (e) on that day the approved provider provides the care recipient with such home care (if any) as is required under the home care agreement; and
 (f) the approved provider has agreed in the claim relating to the day to deal with the care recipient's *unspent home care amount in accordance with the User Rights Principles.
Note: Eligibility may also be affected by Division 7 of the Aged Care Act 1997 (relating to a person's approval as a provider of aged care services) or Division 20 of that Act (relating to a person's approval as a recipient of home care).
 (2) For the purposes of paragraph (1)(c), a home care service is a notified home care service if the approved provider has notified the Secretary of the information required by section 9‑1A of the Aged Care Act 1997 in relation to the home care service.

46‑2  Suspension of home care services
 (1) A care recipient who is being provided with home care by an approved provider in accordance with a *home care agreement may request the approved provider to suspend, on a temporary basis, the provision of that home care, commencing on a date specified in the request.
 (2) The approved provider must comply with the request.
 (3) The Aged Care (Transitional Provisions) Principles may specify requirements relating to the suspension, on