Document ID: chunk:federal_register_of_legislation:F2024C00744:reg:18:p25
Version: federal_register_of_legislation:F2024C00744
Segment Type: reg
Provision Reference: reg 18 (pt 25/47)
Character Range: 238858–241757

if the client is billed, the Commission may, subject to paragraphs 10.8 and 10.9, accept financial responsibility for the co‑payment.

Part E – TRANSITION CARE CO‑PAYMENT

      Definition:

      "co‑payment", in this Part, means an amount a person must pay for transition care but does not include an amount payable to the provider of the transition care as subsidy under the Aged Care Act 1997.

10.11  Financial Responsibility for Co‑Payment

10.11.1 The Commission may accept financial responsibility for the co‑payment a former prisoner of war (POW), or an entitled veteran awarded the Victoria Cross (VC recipient), paid, or is to pay, to an approved provider for transition care provided to the person:
    (a) on condition that the care is provided on a day in respect of which flexible care subsidy is payable for the care under the Subsidy Principles 2014, in force from time to time; and

    Note (1): as at December 2010 the maximum number of days for which flexible care subsidy was payable for transition care was 126 days.

  (b) to the extent:

          (i) the co‑payment does not exceed the amount the approved provider is permitted to charge the POW or VC recipient under section 56‑3 of the Aged Care Act 1997; and

         (ii) the co‑payment does not exceed the amount the approved provider is permitted to charge the POW or VC recipient under any agreement between the Secretary of the Department that administers the Aged Care Act 1997 and the approved provider pursuant to paragraph 111(3)(a) of the Subsidy Principles 2014.

10.11.2 In deciding whether to accept financial responsibility for the co‑payment for transition care (care) provided to a POW or VC recipient the Commission should take into account:

          (a) whether the care was provided in accordance with the relevant provisions of the Aged Care Act 1997 and the relevant instruments thereunder;

           Note 1: Part 3.3 of Chapter 3 of the Aged Care Act 1997 deals with transition care (flexible care)
         Note 2: The Approval of Care Recipients Principles 1997, the Subsidy Principles 2014 and the User Rights Principles 1997 are relevant to transition care (flexible care).

         (b) whether the care complies with:

              (i) any agreement between the approved provider of the care and the Secretary of the Department that administers the Aged Care Act 1997 — under the Aged Care Act 1997 and under paragraph 111(3)(a) of the Subsidy Principles 2014; and

         (c) whether, if there is an agreement mentioned in (b)(i) and the agreement (Provider/Secretary Agreement) sets out requirements for agreements (client agreement) between an approved provider and a recipient of flexible care or flexible care that is transition care:

              (i) the client agreement satisfies any requirements in respect of it in the Provider/Secretary Agreement; and

              (ii)