Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p41
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 41/54)
Character Range: 140829–143543

(if any) specified in the Approval of Care Recipients Principles as the criteria that a person must meet in order to be eligible to be approved as a recipient of flexible care.

Division 22—How does a person become approved as a care recipient?

22‑1  Approval as a care recipient
 (1) A person can be approved as a recipient of one or more of the following:
 (a) residential care;
 (b) home care;
 (c) flexible care.
 (2) The Secretary must approve a person as a recipient of one or more of those types of *aged care if:
 (a) an application is made under section 22‑3; and
 (b) the Secretary is satisfied that the person is eligible to receive that type of aged care (see Division 21).
Note: Rejections of applications are reviewable under Part 6.1.

22‑2  Limitation of approvals
 (1) The Secretary may limit an approval to one or more of the following:
 (a) care provided by an *aged care service of a particular kind;
 (b) care provided during a specified period starting on the day after the approval was given;
 (c) the provision of *respite care for the period specified in the limitation;
 (d) any other matter or circumstance specified in the Approval of Care Recipients Principles.
The Secretary is taken to have limited an approval to the provision of care other than *respite care, unless the approval expressly covers the provision of respite care.
Note: Limitations of approvals are reviewable under Part 6.1.
 (2) A period specified under paragraph (1)(b) must not exceed the period (if any) specified in the Approval of Care Recipients Principles.
 (3) The Secretary may limit the approval to one or more levels of care.
Note: Limitations of approvals to one or more levels of care are reviewable under Part 6.1.
 (4) The Secretary may, at any time, vary any limitation under this section of an approval, including any limitation varied under this subsection.
Note: Variations of limitations are reviewable under Part 6.1.
 (5) Any limitation of an approval under this section, including any limitation as varied under subsection (4), must be consistent with the care needs of the person to whom the approval relates.

22‑2A  Priority for home care services
 (1) If the Secretary approves a person as a recipient of home care, the Secretary must determine the person's priority for home care services.
Note: The determination is reviewable under Part 6.1.
 (2) The Secretary may, at any time, vary a person's priority for home care services determined under subsection (1), including any priority for home care services varied under this subsection.
Note: The variation is reviewable under Part 6.1.
 (3) Any determination of a person's priority for home care services under this section, including