Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p50
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 50/61)
Character Range: 305063–307681

(2) The Subsidy Principles may specify care that:
 (a) constitutes home care for the purposes of this Act; or
 (b) does not constitute home care for the purposes of this Act.

Division 46—Who is eligible for home care subsidy?

46‑1  Eligibility for home care subsidy
 (1) An approved provider is eligible for *home care subsidy in respect of a day if the Secretary is satisfied that:
 (a) the approval of the approved provider is in respect of home care; and
 (b) on that day there is in force a *home care agreement under which a care recipient approved under Part 2.3 in respect of home care is to be provided with home care by the approved provider through a home care service; and
 (c) the home care service is a notified home care service; and
 (d) the care recipient is a *prioritised home care recipient; and
 (e) on that day the approved provider provides the care recipient with such home care (if any) as is required under the home care agreement; and
 (f) the approved provider has agreed in the claim relating to the day to deal with the care recipient's *unspent home care amount in accordance with the User Rights Principles.
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 home care).
 (2) For the purposes of paragraph (1)(c), a home care service is a notified home care service if the approved provider has notified the Secretary of the information required by section 9‑1A in relation to the home care service.

46‑2  Suspension of home care services
 (1) A care recipient who is being provided with home care by an approved provider in accordance with a *home care agreement may request the approved provider to suspend, on a 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 Subsidy 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