Approval of Care Recipients Amendment Principles 2008 (No. 2) (Cth)

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Approval of Care Recipients Amendment Principles 2008 (No. 2)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 18 December 2008

JUSTINE ELLIOT

Minister for Ageing

  1. Name of Principles

These Principles are the Approval of Care Recipients Amendment Principles 2008 (No. 2).

  1. Commencement

These Principles commence on the commencement of the Aged Care Amendment (2008 Measures No. 2) Act 2008.

  1. Amendment of Approval of Care Recipients Principles 1997

Schedule 1 amends the Approval of Care Recipients Principles 1997.

Schedule 1        Amendments

(section 3)

[1]           Subsection 5.6 (1), at the foot

insert

Note   See also subsections 5.7 (1A) and 5.7AA (1A) for eligibility for extended aged care at home and extended age care at home — dementia.

[2]           After subsection 5.7 (1)

insert

(1A)   A person to whom subsection (1) applies is also eligible to receive community care.

Note   See also subsection 5.7AA (1A) for eligibility for extended age care at home — dementia.

[3]           After subsection 5.7AA (1)

insert

(1A)   A person to whom subsection (1) applies is also eligible to receive extended aged care at home and community care.

[4]           Subsection 5.9 (3)

substitute

(3)   Approval of a person as a recipient of residential care may be limited to respite care if respite care is appropriate to the needs of the person, the person’s carer or both.

(4)   If a person is approved as a recipient of extended aged care at home, the limitation of the approval does not prevent the person from receiving community care.

(5)   If a person is approved as a recipient of extended aged care at home — dementia, the limitation of the approval does not prevent the person from receiving extended aged care at home or community care.

[5]           After section 5.13

insert

5.13A      Flexible care that does not lapse

For paragraph 23-3 (1A) (c) of the Act, the following kinds of flexible care are specified:

(a)    extended aged care at home;

(b)    extended aged care at home — dementia.

[6]           Subsection 5.14 (1)

omit

residential care, respite care provided as residential care

insert

residential care that is limited to a low level of residential care

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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