Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act:
"aged care resident" has the meaning given by subsection (5).
"in a care situation" has the meaning given by subsection (2).
"in respite care" has the meaning given by subsection (8).
"personally providing community-based care" has the meaning given by subsection (4).
"receiving community-based care" has the meaning given by subsection (3).
(2) A person is in a care situation if:
(a) the person is residing in premises at which accommodation is provided exclusively or principally for people who have a mental disability; or
(b) the person is a nursing - home type patient, within the meaning of the Health Insurance Act 1973 , of a hospital; or
(c) the person is in respite care; or
(d) the person is receiving community - based care.
(3) A person is receiving community - based care if, in the Commission's opinion, the person needs, and has been receiving or is likely to receive, a substantial level of care in a private residence for at least 14 consecutive days.
(4) A person is personally providing community - based care for another person if, in the Commission's opinion:
(a) the first - mentioned person is personally providing for the other person, in a private residence, a substantial level of care needed by the other person; and
(b) has personally provided, or is likely to personally provide, that level of care for at least 14 consecutive days.
(5) Subject to subsections (6) and (7), a person is an aged care resident for the purposes of this Act if:
(a) the person:
(i) is being provided with residential care through an aged care service conducted by an approved provider (within the meaning of the Aged Care Quality and Safety Commission Act 2018 ); and
(ii) has been provided, or in the Commission's opinion is likely to be provided, with residential care for at least 14 consecutive days; and
(b) an approval for residential care or flexible care under Part 2.3 of the Aged Care Act 1997 is in force in respect of the person.
(6) A person is taken not to be an aged care resident if the person is in respite care.
(7) The Commission may determine, for the purposes of subsection (5), that a person is taken not to be an aged care resident on a day that occurs:
(a) after the person in fact became an aged care resident; and
(b) before the day occurring 15 days after the person in fact became an aged care resident;
if the Commission is satisfied that, immediately before the day, the person was liable to pay rent.
(8) A person is in respite care on a particular day if the person is eligible for:
(a) a respite supplement in respect of that day under the Subsidy Principles made for the purposes of subparagraph 44 - 5(1)(a)(i) of the Aged Care Act 1997 ; or
(b) a respite care supplement in respect of that day under section 44 - 12 of the Aged Care (Transitional Provisions) Act 1997 .
(9) An expression used in subsection (5) and in the Aged Care Act 1997 has the same meaning in that subsection as in that Act.