Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p29
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 29/61)
Character Range: 252909–255728

43‑1  Payment of residential care subsidy
 (1) Residential care subsidy is payable by the Commonwealth to an approved provider in respect of each *payment period (see section 43‑2) during which the approved provider is eligible under section 42‑1. However, it is not payable in respect of any days during that period on which the approved provider is not eligible.
 (2) Residential care subsidy is separately payable by the Commonwealth in respect of each residential care service through which the approved provider provides residential care.
 (3) The Secretary may, in accordance with the Subsidy Principles, deduct from the amount of residential care subsidy otherwise payable in respect of a *payment period such of the following amounts as apply to the residential care service in question:
 (a) deductions for fees (see section 43‑5);
 (b) *capital repayment deductions (see section 43‑6).

43‑2  Meaning of payment period
  A payment period is:
 (a) a calendar month; or
 (b) such other period as is set out in the Subsidy Principles.

43‑3  Advances
 (1) Subject to subsection 43‑4(2), *residential care subsidy is payable by the Commonwealth in advance, in respect of a *payment period, at such times as the Secretary thinks fit.
 (2) The Secretary must work out the amount of an advance to be paid to an approved provider in respect of the first *payment period or the second payment period for a residential care service by estimating the amount of *residential care subsidy that will be payable for the days in that period.
 (3) The Secretary must work out the amount of an advance to be paid to an approved provider in respect of subsequent *payment periods for a residential care service by:
 (a) estimating the amount of *residential care subsidy that will be payable (taking into account any deductions under subsection 43‑1(3)) for the days in the period; and
 (b) increasing or reducing that amount to make any adjustments that the Secretary reasonably believes are necessary to take account of likely underpayments or overpayments in respect of advances previously paid under this section.
 (4) The amounts of advances must be worked out in accordance with any requirements set out in the Subsidy Principles.
 (5) The Secretary may, in deciding whether to reduce the amount of an advance under paragraph (3)(b), take into account the likelihood of the Commonwealth's right to recover a particular overpayment being waived under section 95‑6.
Note: Subsection (5) allows the Secretary to take account of waivers in respect of overpayments caused, for example, by some cases of incorrect determinations of the *ordinary incomes of care recipients.

43‑4  Claims for residential care subsidy
 (1) For the purpose of obtaining payment of *residential care subsidy in respect of a residential care service