Document ID: chunk:federal_register_of_legislation:F2024C00744:reg:18:p23
Version: federal_register_of_legislation:F2024C00744
Segment Type: reg
Provision Reference: reg 18 (pt 23/47)
Character Range: 233730–236511

becoming liable to pay an amount under the Aged Care Act 1997 in respect of residential care (respite) provided to that person and the Commission assuming financial responsibility for that amount, the Commission is taken to have arranged for the provision of that residential care (respite) to that entitled person in accordance with this Part.
     Note (1): the effect of paragraph 10.6.8 is to provide for payment to be made under the Veterans' Entitlements Act 1986 instead of the Aged Care Act 1997.  Section 96‑10 of the Aged Care Act 1997 provides that subsidies payable under Chapter 3 of the Aged Care Act 1997 in respect of treatment under Part V of the Veterans' Entitlements Act 1986 are not payable as an automatic appropriation out of the Consolidated Revenue Fund under the Aged Care Act 1997 but are payable out of that Fund in accordance with the relevant appropriation provisions relating to the arrangement of treatment by the Repatriation Commission under the Veterans' Entitlements Act 1986.

    Note (2): the amount an entitled person could be liable to pay for residential care (respite) is the daily care fee, being a resident's contribution to his or her care.

    10.6.9 Nothing in this Part is to be taken to permit payments to be made by the Commonwealth under both the Veterans' Entitlements Act 1986 and the Aged Care Act 1997 in respect of the same amount for which the Commonwealth has become liable in respect of residential care (respite) under these Principles or the Aged Care Act 1997.

    Part C — respite care in an institution not involving residential care (respite)

Note (1): this heading is intended to be an aid in interpretation.

        Note (2): an example of respite care in an institution not involving residential care (respite) would be respite provided to a person in a hospital.  The definition of residential care does not include hospital care.

    respite care in an institution (other than a hospital)

    10.7 The Commission may accept, in whole or in part, financial responsibility for respite care in an institution for an entitled person for a maximum period of 28 days in a financial year:

            (a) being an institution (other than a private hospital or public hospital) in respect of which a residential care subsidy is not payable; and

            (b) if, in the opinion of the Commission, it is a cost‑effective and appropriate alternative to residential care (respite) under paragraph 10.6.1 and to Respite Care under the Veterans' Home Care Program.

     Note (1): prior approval is required (see paragraph 3.2.1(h)).
            Note (2): an institution here would include a residential care facility not covered by the Aged Care Act 1997.

     respite care in an institution (being a private or