Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p41
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 41/50)
Character Range: 111491–114175

temporary basis, the provision of that home care, commencing on a date specified in the request.
 (2) The approved provider must comply with the request.
 (3) The Aged Care (Transitional Provisions) Principles may specify requirements relating to the suspension, on a temporary basis, of home care.

46‑4  Notice of refusal to pay home care subsidy
 (1) If:
 (a) an approved provider has claimed *home care subsidy in respect of a person; and
 (b) the approved provider is not eligible for home care subsidy in respect of that person;
the Secretary must, within 28 days after receiving the claim, notify the approved provider in writing accordingly.
 (2) A notice given under subsection (1) is not a legislative instrument.

Division 47—On what basis is home care subsidy paid?

47‑1  Payability of home care subsidy
 (1) *Home care subsidy is payable by the Commonwealth to an approved provider in respect of each *payment period (see section 47‑2) during which the approved provider is eligible under section 46‑1.
 (1A) However, *home care subsidy is not payable:
 (a) in respect of any days during a *payment period on which the approved provider is not eligible; or
 (b) in respect of a payment period if the approved provider has not given to the Secretary under section 47‑4:
 (i) a claim in respect of the payment period; and
 (ii) a claim in respect of each preceding payment period (if any) ending on or after the first day on which the approved provider is eligible under section 46‑1.
 (2) *Home care subsidy is separately payable by the Commonwealth in respect of each home care service through which an approved provider provides home care.

47‑2  Meaning of payment period
  A payment period is:
 (a) a calendar month; or
 (b) such other period as is set out in the Aged Care (Transitional Provisions) Principles.

47‑4  Claims for home care subsidy
  For the purpose of obtaining payment of *home care subsidy in respect of a home care service through which an approved provider provides home care, the approved provider must, as soon as practicable after the end of each *payment period, give to the Secretary:
 (a) a claim, in the form approved by the Secretary, for home care subsidy that is, or may become, payable in respect of the service for that payment period; and
 (b) any information relating to the claim that is stated in the form to be required, or that the Secretary requests.

47‑4A  Variations of claims for home care subsidy
 (1) An approved provider may vary the claim made in respect of a *payment period within:
 (a) either:
 (i) the period specified in the Aged Care (Transitional Provisions) Principles; or
 (ii) if no such period is specified—2