Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p2
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 2/53)
Character Range: 341983–344767

the approved provider is not eligible in respect of flexible care provided to the care recipient if the care is excluded because the approved provider exceeds the approved provider's allocation of *places for *flexible care subsidy (see section 50‑3).
Note: Eligibility may also be affected by Division 7 (relating to a person's approval as a provider of *aged care services) or Division 20 (relating to a person's approval as a recipient of flexible care).

50‑2  Kinds of care for which flexible care subsidy may be payable
 (1) The Subsidy Principles may specify kinds of care for which *flexible care subsidy may be payable.
 (2) Kinds of care may be specified by reference to one or more of the following:
 (a) the nature of the care;
 (b) the circumstances in which the care is provided;
 (c) the nature of the locations in which it is provided;
 (d) the groups of people to whom it is provided;
 (e) the period during which the care is provided;
 (f) any other matter.
Note: Examples of the kinds of care that might be specified are:
               (a) care for *people with special needs;
               (b) care provided in small, rural or remote communities;
               (c) care provided through a pilot program for alternative means of providing care;
               (d) care provided as part of co‑ordinated service and accommodation arrangements directed at meeting several health and community service needs.

50‑3  Exceeding the number of places for which there is an allocation
 (1) For the purposes of an approved provider's eligibility for *flexible care subsidy, flexible care provided to a particular care recipient on a particular day is excluded if:
 (a) the number of care recipients provided with flexible care by the approved provider during that day exceeds the number of *places included in the approved provider's allocation of places for flexible care subsidy; and
 (b) the Secretary decides, in accordance with subsection (2), that the flexible care provided to that particular care recipient on that day is to be excluded.
 (2) In deciding under paragraph (1)(b) which flexible care is to be excluded, the Secretary must:
 (a) make the number of exclusions necessary to ensure that the number of *places for which *flexible care subsidy will be payable does not exceed the number of places included in the approved provider's allocation of places for flexible care subsidy; and
 (b) exclude the flexible care in the reverse order in which the care recipients in question *entered the flexible care service for the provision of flexible care.

50‑4  Notice of refusal to pay flexible care subsidy
 (1) If:
 (a) an approved provider has claimed *flexible care subsidy in respect of a person; and
 (b) the approved provider is not eligible for flexible