Document ID: chunk:federal_register_of_legislation:F2023C00415:reg:16
Version: federal_register_of_legislation:F2023C00415
Segment Type: reg
Provision Reference: reg 16
Character Range: 14210–15886

16  Circumstances in which approval lapses
 (1) For subsection 23‑3(3) of the Act, the approval of a person as a recipient of flexible care in the form of transition care lapses if the person is not provided or is not taken to be provided for the purposes of subparagraph 50‑1(1)(b)(iii) of the Act, for a period of at least 1 day after the entry period for the person's approval ends, with the care in respect of which the person is approved.
Note: Section 102B of the Subsidy Principles 2014 sets out when an approved provider is taken to provide transition care to a care recipient for the purposes of subparagraph 50‑1(1)(b)(iii) of the Act.
 (2) For subsection 23‑3(3) of the Act, the approval of a person as a recipient of flexible care in the form of an episode of short‑term restorative care lapses if:
 (a) the episode of short‑term restorative care ends; or
 (b) both of the following apply:
 (i) for a period (the non‑care period) of at least 1 day after the entry period for the person's approval ends, the person is not provided with the care in respect of which the person is approved;
 (ii) the provision of care to the person was not suspended in accordance with subsections 111C(3) to (5) of the Subsidy Principles 2014 for each day in the non‑care period.
 (3) In this section:
entry period, for a person's approval, means:
 (a) if the person is approved as a recipient of flexible care in the form of transition care—the entry period specified in subsection 15(1); or
 (b) if the person is approved as a recipient of flexible care in the form of short‑term restorative care—the entry period specified in subsection 15(2).

Part 6—Transitional provisions