Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p40
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 40/54)
Character Range: 138391–141055

made for the purposes of subparagraph 50‑1(1)(b)(ii), do not need approval in respect of flexible care.
 (4) For the purposes of this Act, if a particular kind of flexible care also constitutes residential care or home care, a person who is approved under this Part as a recipient of residential care or home care (as the case requires) is also taken to be approved under this Part as a recipient of that kind of flexible care.

20‑2  Effect of limitation of approvals
  If a person's approval as a recipient of a type of *aged care is limited under section 22‑2, payments cannot be made under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 to an approved provider for providing care to the person unless the care was provided in accordance with the limitation.

Division 21—Who is eligible for approval as a care recipient?

21‑1  Eligibility for approval
  A person is eligible to be approved under this Part if the person is eligible to receive one or more of the following:
 (a) residential care (see section 21‑2);
 (b) home care (see section 21‑3);
 (c) flexible care (see section 21‑4).

21‑2  Eligibility to receive residential care
  A person is eligible to receive residential care if:
 (a) the person has physical, medical, social or psychological needs that require the provision of care; and
 (b) those needs can be met appropriately through residential care services; and
 (c) the person meets the criteria (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 residential care.

21‑3  Eligibility to receive home care
  A person is eligible to receive home care if:
 (a) the person has physical, medical, social or psychological needs that require the provision of care; and
 (b) those needs can be met appropriately through home care services; and
 (c) the person meets the criteria (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 home care.

21‑4  Eligibility to receive flexible care
  A person is eligible to receive flexible care if:
 (a) the person has physical, medical, social or psychological needs that require the provision of care; and
 (b) those needs can be met appropriately through flexible care services; and
 (c) the person meets the criteria (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