Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p23
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 23/61)
Character Range: 237958–240727

Minister under section 96‑1.

41‑3  Meaning of residential care
 (1) Residential care is personal care or nursing care, or both personal care and nursing care, that:
 (a) is provided to a person in a residential facility in which the person is also provided with accommodation that includes:
 (i) appropriate staffing to meet the nursing and personal care needs of the person; and
 (ii) meals and cleaning services; and
 (iii) furnishings, furniture and equipment for the provision of that care and accommodation; and
 (b) meets any other requirements specified in the Subsidy Principles.
 (2) However, residential care does not include any of the following:
 (a) care provided to a person in the person's private home;
 (b) care provided in a hospital or in a psychiatric facility;
 (c) care provided in a facility that primarily provides care to people who are not frail and aged;
 (d) care that is specified in the Subsidy Principles not to be residential care.

Division 42—Who is eligible for residential care subsidy?

42‑1  Eligibility for residential care subsidy
 (1) An approved provider is eligible for *residential care subsidy in respect of a day if the Secretary is satisfied that, during that day:
 (a) the approved provider holds an allocation of *places for residential care subsidy that is in force under Part 2.2 (not being a *provisional allocation); and
 (b) the approved provider provides residential care to a care recipient in respect of whom an approval is in force under Part 2.3 as a recipient of residential care; and
 (c) the residential care service through which the care is provided meets its *accreditation requirement (if any) applying at that time (see section 42‑4).
Note 1: A care recipient can be taken to be provided with residential care while he or she is on *leave from that care (see section 42‑2).
Note 2: If the care recipient's approval under Part 2.3 is not in force, subsidy will not be payable. (For example, the approval may have been given only for a limited period.)
 (2) However, the approved provider is not eligible in respect of residential care provided to the care recipient during that day if:
 (a) it is excluded because the approved provider exceeds the approved provider's allocation of *places for residential care subsidy (see section 42‑7); or
 (b) the approved provider stopped providing residential care to the person during that day; or
 (c) subject to subsection (3), another approved provider would, but for this paragraph, also be eligible for *residential care subsidy in respect of residential care provided to the same care recipient during that day.
 (3) Paragraph (2)(c) does not apply if the approved provider started providing residential care to the care recipient before the other approved