Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) On each day during which a care recipient is on * leave under this section from a residential care service, the care recipient is taken, for the purposes of this Part (other than section 42 - 3) and for the purposes of section 63Q of the * Quality and Safety Commission Act, to be provided with residential care by the approved provider operating the residential care service.
(2) A care recipient is on * leave under this section from a residential care service on each day of any period during which the care recipient attends a hospital for the purpose of receiving hospital treatment, so long as the day is on or after the day on which the care recipient * enters the residential care service.
Note: Attending a hospital for a period of extended hospital leave may result in the Minister determining a lower basic subsidy amount for the recipient for days occurring during that period, which will affect the amount of subsidy that is payable (see section 44 - 3).
(3) A care recipient is on * leave under this section from a residential care service on a day if:
(a) during the whole of that day, the care recipient is absent from the residential care service; and
(b) either:
(i) the care recipient does not, during that day, attend a hospital for the purpose of receiving hospital treatment; or
(ii) the care recipient does, during that day, attend a hospital for that purpose and the day is before the day on which the care recipient * enters the residential care service; and
(ba) the care recipient is not on leave under subsection (3B) on that day; and
(c) the number of days on which the care recipient has previously been on leave under this subsection, during the current financial year, is less than 52.
Note: If a care recipient is taken not to have been provided with care because the maximum number of days has been exceeded, subsidy will not be payable in respect of those days. However, the care recipient may agree to pay a fee to the approved provider to reserve the care recipient's * place in the service. The maximum amount in such a case is set by section 58 - 6.
(3AA) For the purposes of paragraph (3)(c), disregard days on which the care recipient is on * leave from the residential care service because of subsection 42 - 3(3).
(3A) A care recipient is on * leave under this section from a residential care service on a day if:
(a) * flexible care subsidy is payable in respect of the care recipient and the day; and
(b) the requirements specified in the Aged Care (Transitional Provisions) Principles for the purposes of this paragraph are met.
Note: If a care recipient is on leave for at least 30 days continuously under subsections (2) and (3A), this may result in the Minister determining a lower basic subsidy amount for the recipient for days occurring during that period, which will affect the amount of residential care subsidy that is payable (see section 44 - 3).
(3B) A care recipient is on * leave under this section from a residential care service (the affected service ) on a day if:
(a) during the whole of that day, the care recipient is absent from the affected service; and
(b) either:
(i) the care recipient does not, during that day, attend a hospital for the purpose of receiving hospital treatment; or
(ii) the care recipient does, during that day, attend a hospital for that purpose and the day is before the day on which the care recipient * enters the affected service; and
(c) the Minister determines under subsection 42 - 2A(1) of the Aged Care Act 1997 that there is a situation of emergency for that day for the affected service or a class of residential care services that includes the affected service.
(4) Despite subsections (2), (3), (3A) and (3B), a care recipient cannot be on * leave under this section from a residential care service during any period during which the residential care in question would have been * respite care.