Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p4
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 4/50)
Character Range: 19517–22335

flexible care in respect of which a *place has been allocated. Receipt of payments under this Chapter gives rise to certain responsibilities, that are dealt with in Chapter 4 of this Act and Chapter 4 of the Aged Care Act 1997.

Part 3.1—Residential care subsidy

Division 41—Introduction

41‑1  What this Part is about
      The *residential care subsidy is a payment by the Commonwealth to approved providers for providing residential care to care recipients.

Table of Divisions
41 Introduction
42 Who is eligible for residential care subsidy?
43 How is residential care subsidy paid?
44 What is the amount of residential care subsidy?

41‑2  Residential care subsidy also dealt with in Aged Care (Transitional Provisions) Principles
  *Residential care subsidy is also dealt with in the Aged Care (Transitional Provisions) Principles. Provisions in this Part indicate when a particular matter is or may be dealt with in those Principles.
Note: The Aged Care (Transitional Provisions) Principles are made by the Minister under section 96‑1.

41‑3  Meaning of residential care
 (1) Residential care is personal care or nursing care, or both personal care and nursing care, that:
 (a) is provided to a person in a residential facility in which the person is also provided with accommodation that includes:
 (i) appropriate staffing to meet the nursing and personal care needs of the person; and
 (ii) meals and cleaning services; and
 (iii) furnishings, furniture and equipment for the provision of that care and accommodation; and
 (b) meets any other requirements specified in the Aged Care (Transitional Provisions) Principles.
 (2) However, residential care does not include any of the following:
 (a) care provided to a person in the person's private home;
 (b) care provided in a hospital or in a psychiatric facility;
 (c) care provided in a facility that primarily provides care to people who are not frail and aged;
 (d) care that is specified in the Aged Care (Transitional Provisions) Principles not to be residential care.

Division 42—Who is eligible for residential care subsidy?

42‑1  Eligibility for residential care subsidy
 (1) An approved provider is eligible for *residential care subsidy in respect of a day if the Secretary is satisfied that, during that day:
 (a) the approved provider holds an allocation of *places for residential care subsidy that is in force under Part 2.2 of the Aged Care Act 1997 (not being a *provisional allocation); and
 (b) the approved provider provides residential care to a care recipient in respect of whom an approval is in force under Part 2.3 of the Aged Care Act 1997 as a recipient of residential care; and
 (c) the residential care service through which the care is provided meets its *accreditation requirement (if any) applying at that time (see section