Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p8
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 8/50)
Character Range: 29288–32131

of *places included in the approved provider's allocation of places for residential care subsidy; and
 (b) the Secretary decides, in accordance with subsection (2), that the residential care provided to that particular care recipient on that day is to be excluded.
 (2) In deciding under paragraph (1)(b) which residential care is to be excluded, the Secretary must:
 (a) make the number of exclusions necessary to ensure that the number of *places for which *residential care subsidy will be payable does not exceed the number of places included in the approved provider's allocation of places for residential care subsidy; and
 (b) exclude the residential care in the reverse order in which the care recipients *entered the residential care service for the provision of residential care.

42‑8  Notice of refusal to pay residential care subsidy
 (1) If:
 (a) an approved provider has claimed *residential care subsidy in respect of a person; and
 (b) the approved provider is not eligible for residential care subsidy in respect of that person;
the Secretary must notify the approved provider, in writing, accordingly.
 (2) A notice given under subsection (1) is not a legislative instrument.

Division 43—How is residential care subsidy paid?

43‑1  Payment of residential care subsidy
 (1) Residential care subsidy is payable by the Commonwealth to an approved provider in respect of each *payment period (see section 43‑2) during which the approved provider is eligible under section 42‑1. However, it is not payable in respect of any days during that period on which the approved provider is not eligible.
 (2) Residential care subsidy is separately payable by the Commonwealth in respect of each residential care service through which the approved provider provides residential care.
 (3) The Secretary may, in accordance with the Aged Care (Transitional Provisions) Principles, deduct from the amount of residential care subsidy otherwise payable in respect of a *payment period such of the following amounts as apply to the residential care service in question:
 (a) deductions for fees (see section 43‑5);
 (b) *capital repayment deductions (see section 43‑6).

43‑2  Meaning of payment period
  A payment period is:
 (a) a calendar month; or
 (b) such other period as is set out in the Aged Care (Transitional Provisions) Principles.

43‑3  Advances
 (1) Subject to subsection 43‑4(2), *residential care subsidy is payable by the Commonwealth in advance, in respect of a *payment period, at such times as the Secretary thinks fit.
 (2) The Secretary must work out the amount of an advance to be paid to an approved provider in respect of the first *payment period or the second payment period for a residential care service by estimating the amount of *residential care subsidy that will be payable for the days in that period.
 (3)