Document ID: chunk:federal_register_of_legislation:F2025C00074:reg:21ca
Version: federal_register_of_legislation:F2025C00074
Segment Type: reg
Provision Reference: reg 21CA
Character Range: 60565–63204

21CA  Meaning of Commonwealth portion

Commonwealth portion—if approved provider has not made election under section 21BA
 (1) Subsection (2) applies to a care recipient in respect of a payment period if the approved provider providing the care recipient with home care through a home care service has not, under section 21BA, made an election to return the Commonwealth portion of the care recipient's unspent home care amount to the Commonwealth.
 (2) The Commonwealth portion of the care recipient's unspent home care amount in respect of the payment period is worked out as follows.

      Commonwealth portion calculator (if no election made)
           Step 1. Identify the amount of the Commonwealth portion of the care recipient's unspent home care amount in respect of the previous payment period.
           Step 2. If section 21CC applies, subtract the amount (if any) of the second difference amount under that section. If the result is negative, the amount is taken to be nil.
      The amount (including a nil amount) is the Commonwealth portion of the care recipient's unspent home care amount in respect of the payment period.

Commonwealth portion—if approved provider has made election under section 21BA
 (3) Subsection (4) applies in relation to a care recipient if the approved provider has, under section 21BA, made an election to return the Commonwealth portion of the care recipient's unspent home care amount to the Commonwealth.
 (4) The Commonwealth portion of a care recipient's unspent home care amount in respect of a payment period is worked out as follows.

      Commonwealth portion calculator (if election made)
           Step 1. Identify the amount of the Commonwealth portion of the care recipient's unspent home care amount in respect of the previous payment period.
           Step 2. Subtract the amount (if any) by which, under step 1A of the shortfall amount calculator in subsection 48‑13(1) of the Act, the price for the home care provided during the payment period to the care recipient was reduced.
      The amount (including a nil amount) is the Commonwealth portion of the care recipient's unspent home care amount in respect of the payment period.

Commonwealth portion—payment period ending immediately before 1 September 2021
 (5) For the purposes of this section, the amount of the Commonwealth portion of a care recipient's unspent home care amount in respect of the payment period ending immediately before 1 September 2021 is:
 (a) for an ongoing home care recipient—the implementation date Commonwealth portion for the care recipient; and
 (b) for any other care recipient—nil.