Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p51
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 51/61)
Character Range: 307431–310108

approved provider in writing accordingly.
 (2) A notice given under subsection (1) is not a legislative instrument.

Division 47—On what basis is home care subsidy paid?

47‑1  Payability of home care subsidy
 (1) *Home care subsidy is payable by the Commonwealth to an approved provider in respect of each *payment period (see section 47‑2) during which the approved provider is eligible under section 46‑1.
 (1A) However, *home care subsidy is not payable:
 (a) in respect of any days during a *payment period on which the approved provider is not eligible; or
 (b) in respect of a payment period if the approved provider has not given to the Secretary under section 47‑4:
 (i) a claim in respect of the payment period; and
 (ii) a claim in respect of each preceding payment period (if any) ending on or after the first day on which the approved provider is eligible under section 46‑1.
 (2) *Home care subsidy is separately payable by the Commonwealth in respect of each home care service through which an approved provider provides home care.

47‑2  Meaning of payment period
  A payment period is:
 (a) a calendar month; or
 (b) such other period as is set out in the Subsidy Principles.

47‑4  Claims for home care subsidy
  For the purpose of obtaining payment of *home care subsidy in respect of a home care service through which an approved provider provides home care, the approved provider must, as soon as practicable after the end of each *payment period, give to the Secretary:
 (a) a claim, in the form approved by the Secretary, for home care subsidy that is, or may become, payable in respect of the service for that payment period; and
 (b) any information relating to the claim that is stated in the form to be required, or that the Secretary requests.

47‑4A  Variations of claims for home care subsidy
 (1) An approved provider may vary the claim made in respect of a *payment period within:
 (a) either:
 (i) the period specified in the Subsidy Principles; or
 (ii) if no such period is specified—2 years after the end of that payment period; or
 (b) such longer period as is determined in respect of the claim by the Secretary.
 (1A) Without limiting subparagraph (1)(a)(i), the Subsidy Principles may specify different periods in respect of different classes of variations.
 (2) In determining a longer period for the purposes of paragraph (1)(b), the Secretary must be satisfied that a variation is required:
 (a) due to an administrative error made by the Commonwealth or an agent of the Commonwealth; or
 (b) because the Commonwealth or an agent of the Commonwealth considers that the circumstances of a care recipient are different from those on the