Document ID: chunk:federal_register_of_legislation:F2024C00744:reg:18:p22
Version: federal_register_of_legislation:F2024C00744
Segment Type: reg
Provision Reference: reg 18 (pt 22/47)
Character Range: 231332–233975

provided with in‑home respite for a period exceeding 28 days in a Financial year.

    10.6.4 Where the Commission accepts financial liability for a daily care fee otherwise payable by an entitled person in respect of a day in residential care in a Financial year, then that day is to be taken into account in calculating if the person would receive in‑home respite for more than 28 days in that Financial year.

    10.6.5 Where the Commission accepts financial liability for the provision of in‑home respite to an entitled person on a day, then that day is to be taken into account in calculating if the person has been provided with residential care (respite) for 63 days (or such further period permitted under the Subsidy Principles 2014).

    10.6.6 Where the Commission accepts financial liability for the provision of emergency short term home relief on a day, then that day is not to be taken into account in calculating if the person has been provided with residential care (respite) for 63 days (or such further period permitted under the Subsidy Principles 2014 ) or if the person has received in‑home respite for more than 28 days.

    10.6.7 (1) For the purposes of paragraphs 10.6.1 to 10.6.6 (inclusive) and subject to paragraph (2), a day means:

               (a) in relation to residential care (respite) — a period of 24 hours; or

             (b) in relation to in‑home respite — a period of 7 hours.

            (2) For the purpose of determining if the limit of days for residential care (respite) has been reached by reference to the number of days an entitled person spent in in‑home respite, a day of 7 hours in in‑home respite is taken to have been a day of 24 hours, and for the purpose of determining if the limit of days for in‑home respite has been reached by reference to the number of days an entitled person spent in residential care (respite), a day of 24 hours in residential care (respite), is taken to have been a day of 7 hours.

    Note: the "limit of days" for residential care (respite) or for in‑home respite means the maximum number of days for which the Commission may accept financial liability for ‑ in the case of residential care (respite), the residential care subsidy or the residential care subsidy and the daily care fee, or for ‑ in the case of in‑home respite, the cost of respite

    10.6.8 Upon the Commonwealth or an entitled person becoming liable to pay an amount under the Aged Care Act 1997 in respect of residential care (respite) provided to that person and the Commission assuming financial responsibility for that amount, the Commission is taken to have arranged for the