Document ID: chunk:federal_register_of_legislation:F2024C00800:reg:18:p21
Version: federal_register_of_legislation:F2024C00800
Segment Type: reg
Provision Reference: reg 18 (pt 21/42)
Character Range: 207302–210141

Care Act 1997.

10.6 In deciding whether to accept financial responsibility for a co‑payment for home care provided to a former prisoner of war or VC recipient the Commission should take into account:

          (a) whether the care was provided in accordance with the relevant provisions of the Aged Care Act 1997 and the relevant instruments thereunder;

         (b) whether the care complies with the requirements of any agreement between the provider of the care and the Secretary of the Department that administers the Aged Care Act 1997; and

          (c) whether the care essentially duplicates treatment the former prisoner of war or VC recipient is receiving under other provisions of the Principles (double‑dipping).

         10.7 Billing

10.7.1 The provider of a service of home care should bill the Human Services Department for the co‑payment rather than the former prisoner of war or VC recipient (client) but if the client is billed, the Commission may, subject to paragraph 10.5 and 10.6, accept financial responsibility for the co‑payment.

Part E – TRANSITION CARE CO‑PAYMENT

      "co‑payment" means an amount a person must pay for transition care but does not include an amount payable to the provider of the transition care as subsidy under the Aged Care Act 1997.

10.8 Financial Responsibility for Co‑Payment

10.8.1 The Commission may accept financial responsibility for the co‑payment an entitled member who is former prisoner of war (POW), or an entitled member awarded the Victoria Cross for Australia (VC recipient), paid, or is to pay, to an approved provider for transition care provided to the person:

    (a) on condition that the care is provided on a day in respect of which flexible care subsidy is payable for the care under the Subsidy Principles 2014, in force from time to time; and

    Note (1): as at December 2010 the maximum number of days for which flexible care subsidy was payable for transition care was 126 days.

  (b) to the extent:

          (i) the co‑payment does not exceed the amount the approved provider is permitted to charge the POW or VC recipient under section 56‑3 of the Aged Care Act 1997; and

         (ii) the co‑payment does not exceed the amount the approved provider is permitted to charge the POW or VC recipient under any agreement between the Secretary of the Department that administers the Aged Care Act 1997 and the approved provider pursuant to paragraph 111(3)(a) of the Subsidy Principles 2014.

10.8.2  In deciding whether to accept financial responsibility for a co‑payment for transition care (care) provided to a POW or VC recipient the Commission should take into account:

          (a) whether the care was provided in accordance with the relevant provisions of the Aged Care Act 1997 and the relevant instruments thereunder;

           Note 1: