Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An approved provider is eligible for * flexible 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 flexible care subsidy that is in force under Part 2.2 of the Aged Care Act 1997 (other than a * provisional allocation); and
(b) the approved provider:
(i) provides flexible care to a care recipient who is approved under Part 2.3 of the Aged Care Act 1997 in respect of flexible care; or
(ii) provides flexible care to a care recipient who is included in a class of people who, under the Aged Care (Transitional Provisions) Principles, do not need approval under Part 2.3 of the Aged Care Act 1997 in respect of flexible care; or
(iii) is taken to provide flexible care in the circumstances set out in the Aged Care (Transitional Provisions) Principles; and
(c) the flexible care is of a kind for which flexible care subsidy may be payable (see section 50 - 2).
(2) However, the approved provider is not eligible in respect of flexible care provided to the care recipient if the care is excluded because the approved provider exceeds the approved provider's allocation of * places for * flexible care subsidy (see section 50 - 3).
Note: Eligibility may also be affected by Division 7 of the Aged Care Act 1997 (relating to a person's approval as a provider of aged care services) or Division 20 of that Act (relating to a person's approval as a recipient of flexible care).