Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p5
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 5/50)
Character Range: 22099–24773

force under Part 2.3 of the Aged Care Act 1997 as a recipient of residential care; and
 (c) the residential care service through which the care is provided meets its *accreditation requirement (if any) applying at that time (see section 42‑4 of the Aged Care Act 1997).
Note 1: A care recipient can be taken to be provided with residential care while he or she is on *leave from that care (see section 42‑2).
Note 2: If the care recipient's approval under Part 2.3 of the Aged Care Act 1997 is not in force, subsidy will not be payable. (For example, the approval may have been given only for a limited period.)
 (2) However, the approved provider is not eligible in respect of residential care provided to the care recipient during that day if:
 (a) it is excluded because the approved provider exceeds the approved provider's allocation of *places for residential care subsidy (see section 42‑7); or
 (b) the approved provider stopped providing residential care to the person during that day; or
 (c) subject to subsection (3), another approved provider would, but for this paragraph, also be eligible for *residential care subsidy in respect of residential care provided to the same care recipient during that day.
 (3) Paragraph (2)(c) does not apply if the approved provider started providing residential care to the care recipient before the other approved provider.
 (5) Despite any other provision of this Act, an approved provider operating a residential care service is not eligible for *residential care subsidy for a care recipient in respect of a day if the care recipient is on *leave from that service on that day because of subsection 42‑3(3).

42‑2  Leave from residential care services
 (1) On each day during which a care recipient is on *leave under this section from a residential care service, the care recipient is taken, for the purposes of this Part (other than section 42‑3) and for the purposes of section 63Q of the *Quality and Safety Commission Act, to be provided with residential care by the approved provider operating the residential care service.
 (2) A care recipient is on *leave under this section from a residential care service on each day of any period during which the care recipient attends a hospital for the purpose of receiving hospital treatment, so long as the day is on or after the day on which the care recipient *enters the residential care service.
Note: Attending a hospital for a period of extended hospital leave may result in the Minister determining a lower basic subsidy amount for the recipient for days occurring during that period, which will affect the amount of subsidy that is payable (see section 44‑3).
 (3)