Document ID: chunk:federal_register_of_legislation:C2016C00170:clause:3_142:p2
Version: federal_register_of_legislation:C2016C00170
Segment Type: clause
Provision Reference: sch 3 cl 142 (pt 2/8)
Character Range: 96299–99016

Subsidy Principles may specify, in respect of each primary supplement, the circumstances in which the supplement will apply to a care recipient in respect of a *payment period.
 (3) The Minister may determine by legislative instrument, in respect of each such supplement, the amount of the supplement, or the way in which the amount of the supplement is to be worked out.

48‑4  Reductions in subsidy
  The reductions in subsidy for the care recipient under step 3 of the home care subsidy calculator are such of the following reductions as apply to the care recipient in respect of the *payment period:
 (a) the compensation payment reduction (see sections 48‑5 and 48‑6);
 (b) the care subsidy reduction (see sections 48‑7 and 48‑8).

48‑5  The compensation payment reduction
 (1) The compensation payment reduction for the care recipient in respect of the *payment period is the sum of all compensation payment reductions for days during the period:
 (a) on which the care recipient is provided with home care through the home care service in question; and
 (b) that are covered by a compensation entitlement.
 (2) For the purposes of this section, a day is covered by a compensation entitlement if:
 (a) the care recipient is entitled to compensation under a judgement, settlement or reimbursement arrangement; and
 (b) the compensation takes into account the cost of providing home care to the care recipient on that day; and
 (c) the application of compensation payment reductions to the care recipient for preceding days has not resulted in reductions in subsidy that, in total, exceed or equal the part of the compensation that relates, or is to be treated under subsection (5) or (6) as relating, to future costs of providing home care.
 (3) The compensation payment reduction for a particular day is an amount equal to the amount of *home care subsidy that would be payable for the care recipient in respect of the *payment period if:
 (a) the care recipient was provided with home care on that day only; and
 (b) this section and sections 48‑9 and 48‑10 did not apply.
 (4) However, if:
 (a) the compensation payment reduction arises from a judgement or settlement that fixes the amount of compensation on the basis that liability should be apportioned between the care recipient and the compensation payer; and
 (b) as a result, the amount of compensation is less than it would have been if liability had not been so apportioned; and
 (c) the compensation is not paid in a lump sum;
the amount of the compensation payment reduction under subsection (3) is reduced by the proportion corresponding to the proportion of liability that is apportioned to the care recipient by the judgement or settlement.
 (5)