Document ID: chunk:federal_register_of_legislation:C2016A00019:clause:1_78
Version: federal_register_of_legislation:C2016A00019
Segment Type: clause
Provision Reference: sch 1 cl 78
Character Range: 31615–32881

78  Prioritised home care recipients
(1) This item applies if an approved provider is eligible under section 46‑1 of the Aged Care Act 1997 or section 46‑1 of the Aged Care (Transitional Provisions) Act 1997 for home care subsidy in respect of the day (the relevant day) immediately preceding the day this item commences, because:
 (a) during the relevant day the approved provider holds an allocation of a place for home care subsidy that is in force under Part 2.2 of the Aged Care Act 1997; and
 (b) during the relevant 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 in respect of the place by the approved provider.
(2) At the commencement time, the Secretary is taken to have, by written notice given to the care recipient on the day this item commences, made a determination under section 23B‑1 of the new law that the care recipient is a prioritised home care recipient in relation to the level of care being provided to the care recipient immediately before the commencement time.
(3) This item does not prevent the variation or cessation, on or after the commencement time, of a determination referred to in subitem (2).