Approval of Care Recipients Amendment Principles 2008 (No. 1) (Cth)
Approval of Care Recipients Amendment Principles 2008 (No. 1)
Aged Care Act 1997
I, JUSTINE ELLIOT, Minister for Ageing, make these Principles under subsection 96‑1 (1) of the Aged Care Act 1997.
Dated 13 March 2008
JUSTINE ELLIOT
Minister for Ageing
Name of Principles
These Principles are the Approval of Care Recipients Amendment Principles 2008 (No. 1).
Commencement
These Principles commence on the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007.
Amendment of Approval of Care Recipients Principles 1997
Schedule 1 amends the Approval of Care Recipients Principles 1997.
Schedule 1 Amendments
(section 3)
[1] Section 5.3, after definition of in‑patient hospital episode
insert
lapsing period, for an approval of a person as a recipient of aged care, means the period that applies to the person’s approval under subsection 23‑3 (1) of the Act.
[2] Section 5.3, note
substitute
Note For the definitions of the following expressions, see the Dictionary in Schedule 1 to the Act:
· care
· community care
· entry
· flexible care
· high level of residential care
· leave
· low level of residential care
· provide
· residential care
· residential care service
· respite care
· Secretary.
[3] Paragraph 5.6 (1) (b)
omit
the low level of care; and
insert
a low level of residential care; and
[4] Paragraph 5.7A (c)
omit
the low level of care.
insert
a low level of residential care.
[5] Subsection 5.9 (1)
omit
of care
insert
of residential care
[6] Subsection 5.9 (2)
substitute
(2) However, if the person is approved as a recipient of a high level of residential care, the limitation of the approval does not prevent the person receiving residential care at any classification level.
[7] Paragraph 5.9 (3) (a)
omit
entry period
insert
lapsing period
[8] Subsection 5.9 (4)
omit
[9] Part 5
substitute
Part 5 Lapsing of approval
5.12 Purpose of Part (Act s 23‑3)
This Part specifies:
(a) the entry period for flexible care in the form of transition care; and
(b) circumstances for subsection 23‑3 (3) of the Act for residential care, respite care provided as residential care and flexible care in the form of transition care.
5.13 Entry period — flexible care in the form of transition care
For paragraph 23‑3 (1) (a) of the Act, the entry period for an approval of a person as a recipient of flexible care in the form of transition care is 4 weeks beginning on the day after the approval is given under subsection 22‑1 (2) of the Act.
Note For the lapsing period for other kinds of aged care, see paragraph 23‑3 (1) (b) of the Act.
5.14 Circumstances
(1) For subsection 23‑3 (3) of the Act, an approval of a person as a recipient of residential care, respite care provided as residential care or flexible care in the form of transition care lapses if the person is not provided, for a period of at least 1 day after the lapsing period for the person’s approval ends, with the care to which the person’s approval relates.
(2) For subsection (1), if a care recipient:
(a) ceases being provided with residential care (other than because the care recipient is on leave); and
(b) enters a residential care service within the period of 28 days after the day on which the care recipient ceased being provided with care as mentioned in paragraph (a);
any day within that period is to be disregarded.
Note For a person who is on leave from a residential care service, see subsection 23‑3 (4) of the Act.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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