Document ID: chunk:federal_register_of_legislation:C2024A00104:section:226a:p1
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 226A (pt 1/2)
Character Range: 377082–379743

226A  Unspent Commonwealth portion
 (1) A registered provider starts to hold an unspent Commonwealth portion for an individual at the transition time if, immediately before the transition time:
 (a) the registered provider was an approved provider that held an unspent home care amount in relation to the individual as mentioned in the User Rights Principles 2014; and
 (b) the amount of the Commonwealth portion of that amount under section 21CA of those Principles was not zero.
 (2) The available balance of the individual's unspent Commonwealth portion at a time is the difference, worked out in accordance with this section, between the sum of the credits that have been made to the portion at that time reduced (but not below zero) by the sum of the debits that have been made to the portion at that time.

Initial credit
 (3) At the transition time, the amount of the Commonwealth portion of the individual's unspent home care amount under section 21CA of the User Rights Principles 2014 immediately before the transition time is credited to the portion.

Debits for claims
 (4) If one or more claims are made under section 251 for person‑centred subsidy for the delivery of a funded aged care service to the individual on a day, the portion is reduced on that day (but after the start of the day), in the order prescribed by the rules, by the amount by which the provisional subsidy amount for the service was reduced under:
 (a) Step 5 of the method statement in subsection 192(1) or (2); or
 (b) Step 4 of the method statement in section 210; or
 (c) Step 4 of the method statement in section 219;
(as applicable) for each of those claims.

Insufficient funds
 (5) If the debiting of an amount in relation to a claim under subsection (4) would result in the portion being debited below zero, the claim is taken to be a claim for such lesser amount (including a nil amount) that would not result in the portion being debited below zero.

Debit for return of unspent Commonwealth portion—provider election
 (6) If the registered provider elects to return the available balance of an unspent Commonwealth portion for the individual to the Commonwealth under section 226B, the portion is reduced, at the start of a day prescribed by the rules (which may be a day before the day the election is made), by the amount of that balance at the start of that day.

Debit for return of unspent Commonwealth portion—individual transfers between provider service delivery branches
 (7) If a registered provider returns the available balance of an unspent Commonwealth portion for the individual to the Commonwealth under section 226C, the portion is reduced, at the