Document ID: chunk:federal_register_of_legislation:F2024C00744:reg:18:p8
Version: federal_register_of_legislation:F2024C00744
Segment Type: reg
Provision Reference: reg 18 (pt 8/47)
Character Range: 194056–196890

after a previous service of ESTHR.

Note: the fact that the Commission's prior approval for treatment is not required does not mean an assessment is not required.

         Transitional

7.3A.14 For the purposes of paragraph 7.3A.15:

"former service", in relation to an entitled person, means any Home and Community Care Program service the person was receiving immediately before 1 January 2001 or after 1 January 2001 and immediately before the person seeks services under the Veterans' Home Care Program.

    7.3A.15  (1) An entitled person who was receiving a former service is entitled to receive whichever of Home Care service (category A) services or of Home Care service (category B) services is the most similar to that former service if the Commission assesses the person as needing one of those services.

    (2) Upon the Commission deciding a person in paragraph (1) is entitled to a Home Care service (category A) or a Home Care service (category B), then the entitlement of that person to the service is subject to the Principles.

7.3A.16 Where a decision is made under paragraph 7.3A.15 (1), including a decision not to provide a service, the Commission shall make a record of the decision and give notice of the decision to the entitled person.

Note: a decision may be recorded in electronic form and notice of the decision may be given in electronic form.

7.3A.17 Upon the Commission making a decision under paragraph 7.3A.15 (1), the entitled person's entitlement, if any, to a Home Care service (category A), or to a Home Care service (category B), has effect subject to that decision.

Limited VHC‑type services for dependants and former dependants

7.3A.19A Definitions

For the purposes of paragraphs 7.3A.19A to 7.3A.22 (inclusive):

eligible person means a person who is eligible for a service.
service means a limited VHC‑type service.
widow(er) means a widow or a widower.

7.3A.19 Subject to paragraph 7.3A.21, the Commission may accept financial responsibility for the provision of a limited VHC‑type service to a person eligible to receive the service.

      7.3A.20  A person eligible for a limited VHC‑type service is a person who the Commission decides is:
      (a) an entitled widow(er) of a deceased entitled veteran in circumstances where the deceased entitled veteran was, at or about the time of death, being provided with Domestic Assistance or Home and Garden Maintenance or both; or

    Note: Eligibility for a limited VHC‑type service (treatment) is conferred on dependants by express provisions in Part V of the Act or by Determination 7/2001 made under paragraph 88A(1)(b) of the Act.

      (b) an entitled person who is a child of a deceased entitled veteran in circumstances where the deceased entitled veteran or the deceased entitled widow(er) of the deceased entitled veteran,