Document ID: chunk:federal_register_of_legislation:F2024C00744:reg:18:p19
Version: federal_register_of_legislation:F2024C00744
Segment Type: reg
Provision Reference: reg 18 (pt 19/47)
Character Range: 223041–225869

care' is defined in paragraph 1.4.1.

10.1.2  Subject to paragraph 10.1.3 and paragraph 10.1.5, a person referred to in paragraph 10.1.1 may be provided with residential care under the Aged Care Act 1997and the Principles.

10.1.3  Upon the Commonwealth becoming liable to pay an amount under the Aged Care Act 1997 (e.g. veterans' supplement) in respect of residential care for a person referred to in paragraph 10.1.1, the Commission is taken to have:

              (a) arranged for the provision of that residential care in accordance with this Part; and

              (b) accepted financial responsibility for that amount.
Note: The effect of paragraph 10.1.3 is to provide for payment to be made under the Veterans' Entitlements Act 1986 instead of the Aged Care Act 1997. Section 96‑10 of the Aged Care Act 1997 provides that subsidies (which would include the veterans' supplement) payable under Chapter 3 of the Aged Care Act 1997 in respect of treatment under Part V of the Veterans' Entitlements Act 1986 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 Repatriation Commission under the Veterans' Entitlements Act 1986.

10.1.4  Paragraph 10.1.3 does not permit payments to be made by the Commonwealth under both the Veterans' Entitlements Act 1986 and the Aged Care Act 1997 in respect of the same amount for which the Commonwealth has become liable.

10.1.5  Despite paragraph 10.1.3, where residential care is provided to an entitled person under the Aged Care Act 1997 and the Commonwealth is not liable to pay an amount under that Act in respect of an amount incurred by the entitled person in relation to that care, the Commission may accept financial liability for any such amount incurred by the entitled person where the Principles so provide.

Note: under the Aged Care Act 1997 the Commonwealth is not necessarily liable to pay resident fees such as the daily care fee.  Liability to pay that amount may be accepted by the Commission under the Principles.

10.2  Daily care fee for former prisoners of war

10.2.1  The Commission will accept financial responsibility for the residential care subsidy and the daily care fee for a former prisoner of war who is receiving:

                (a) residential care; or

      (b) care in a hospital, classified as nursing‑home‑type care under paragraph 9.3.1 or as care received as a nursing‑home type patient under the Health Insurance Act 1973.

    Note: If a former prisoner of war receives a standard of accommodation superior to that medically necessary, the Commission cannot accept financial responsibility for any amount additional to the residential