Document ID: chunk:federal_register_of_legislation:F2024C00744:reg:18:p18
Version: federal_register_of_legislation:F2024C00744
Segment Type: reg
Provision Reference: reg 18 (pt 18/47)
Character Range: 220350–223303

war or an entitled veteran awarded the Victoria Cross;

    in which case the Commission will accept financial responsibility for the full amount of the hospital charge.

9.3.3  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 either the Aged Care Act 1997 or the National Health Act 1953 in respect of the same amount for which the Commonwealth has become liable in respect of nursing‑home‑type care under these Principles or the Aged Care Act 1997 or the National Health Act 1953.

9.5 Convalescent care
    Convalescent care in institutions other than hospitals

9.5.1 Subject to prior approval and subject to paragraph 9.2.5 (health insurance etc), the Commission will accept financial responsibility for the costs of convalescent care for an entitled person at an institution other than a private hospital or public hospital for a maximum of 21 days during any financial year.

    Convalescent care in institutions that are private or public hospitals

9.5.2 Subject to paragraph 9.2.5 (health insurance etc), the Commission may accept financial responsibility for the costs of convalescent care for an entitled person at a private hospital or public hospital.

    Note (1) prior approval is not a requirement in these circumstances.
Note (2) there is no express time limit in these circumstances but the Commission has a discretion to accept financial responsibility.  It could exercise its discretion not to accept financial responsibility if it considered the length of convalescent care to be excessive.

9.6 Other matters
9.6.1 The Commission may withdraw its approval, at any time, for an entitled person's continued inpatient treatment in a hospital or other institution.

PART 10 — RESIDENTIAL CARE, HOME CARE AND TRANSITION CARE CO‑PAYMENT

Part A — residential care not involving residential care (respite)

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

10.1 Residential care arrangements

10.1.1  Residential care may be provided in accordance with this Part to:

         (a) a person who has a current valid Gold Card; or

         (b)  a person who has a current valid White Card.

         Note (1): this provision, in conjunction with a determination under section 88A of the Act, also enables the Commission to make a payment for residential care where that care is applied to a condition other than a war caused condition, malignant neoplasm, pulmonary tuberculosis, post traumatic stress disorder or an unidentifiable condition.

             Note (2): an "unidentifiable condition" is governed by Determination 19/2000.

             Note (3)'residential care' is defined in paragraph 1.4.1.

10.1.2  Subject to paragraph 10.1.3 and paragraph 10.1.5, a person referred to in paragraph 10.1.1 may be provided with residential care under the Aged Care Act 1997and the Principles.

10.1.3  Upon the Commonwealth becoming