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Community Care Subsidy Amendment Principles 2005 (No. 1)

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Community Care Subsidy Amendment Principles 2005 (No. 1)
Aged Care Act 1997
I, JULIE BISHOP, Minister for Ageing, make these Principles under subsection 96‑1 (1) of the Aged Care Act 1997.
Dated 21 June 2005
JULIE BISHOP
Minister for Ageing
 
1              Name of Principles
                These Principles are the Community Care Subsidy Amendment Principles 2005 (No. 1).
2              Commencement
                These Principles commence on the day that they are registered.
3              Amendment of Community Care Subsidy Principles 1997
                Schedule 1 amends the Community Care Subsidy Principles 1997.
Schedule 1        Amendments
(section 3)
  
[1]           Section 12.3, heading
substitute
12.3        Definitions
[2]           Section 12.3, after definition of Act
insert
transition care has the meaning given by section 15.28 of the Flexible Care Subsidy Principles 1997.
[3]           Section 12.7
substitute
12.7        Specification of matters
         (1)   For subparagraph 46-2 (3) (b) (ii) of the Act, there is specified:
                (a)    an alternative care service (other than flexible care in the form of transition care) at a level at least equivalent to community care; or
               (b)    flexible care that is:
                          (i)    in the form of transition care; and
                         (ii)    provided by an approved provider to whom a flexible care subsidy is payable in respect of the care recipient and the day.
         (2)   For subparagraph 46-2 (3) (b) (iii) of the Act, there is specified any period for which the care recipient has requested, for any reason (other than a reason covered by subparagraph 46‑2 (3) (b) (i) or (ii) of the Act), that the approved provider suspend, on a temporary basis, the provision of community care to the care recipient.
         (3)   For subsection 46-2 (4) of the Act, the maximum number of days for which, under subsection 46-2 (3) of the Act, a care recipient may be taken to have been provided with community care during a particular year is:
                (a)    for subparagraph 46-2 (3) (b) (ii) of the Act, in respect of a period mentioned in paragraph (1) (a) of these Principles — 28 days; and
               (b)    for subparagraph 46-2 (3) (b) (iii) of the Act — 28 days.
         (4)   For the purposes of Part 3.2 of the Act, and in addition to any period for which a care recipient may be taken under subsection 46-2 (3) of the Act to have been provided with community care, the care recipient is to be taken to have been provided with community care as required by the community care agreement during any period of less than 5 consecutive days for which the care recipient has requested that the approved provider suspend, on a temporary basis, the provision of community care to the care recipient (regardless of the reason for the care recipient’s request).