Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p14
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 14/50)
Character Range: 44639–47335

Care (Transitional Provisions) Principles.

44‑5B  Meaning of supported resident
 (1) A person is a supported resident on a particular day if:
 (a) on that day, the person is being provided with residential care (other than *respite care) through a residential care service; and
 (b) on that day, the person is a *post‑2008 reform resident; and
 (c) the amount determined by the Secretary by legislative instrument in relation to that day for the purposes of this paragraph is equal to or more than the value of the person's assets at the time at which the person *entered the residential care service or such other time specified in the Aged Care (Transitional Provisions) Principles.
Note: Some *supported residents may be required to pay an *accommodation bond or an *accommodation charge—see sections 57‑12 and 57A‑6.

If there is financial hardship
 (2) A person is also a supported resident if:
 (a) a determination is in force under section 57‑14 or 57A‑9 in respect of the person; and
 (b) the person is a *post‑2008 reform resident.

44‑5C  Meaning of post‑2008 reform resident
  A person is a post‑2008 reform resident if the person is being provided with residential care through a residential care service and the person is not a *pre‑2008 reform resident.

44‑5D  Meaning of pre‑2008 reform resident
 (1) A person is a pre‑2008 reform resident if:
 (a) the person is being provided with residential care through a residential care service; and
 (b) either:
 (i) the person *entered a residential care service before 20 March 2008; or
 (ii) the person was on *pre‑entry leave from a residential care service immediately before 20 March 2008 and the person entered the residential care service on or after 20 March 2008 at the end of that pre‑entry leave; and
 (c) the person has not had a break in residential care of more than 28 days between:
 (i) the last residential care service through which residential care was provided, or taken to be provided, to the person before 20 March 2008 and the next residential care service through which residential care is provided, or taken to be provided, to the person; and
 (ii) any residential care service through which residential care is provided, or taken to be provided, to the person on or after 20 March 2008 and the next residential care service through which residential care is provided, or taken to be provided, to the person.
 (2) The period:
 (a) beginning on the day on which a person ceases to be provided with residential care through a residential care service (other than because the person is on *leave from the residential care service); and
 (b) ending on the day on which the person *enters, or begins *pre‑entry leave,