Aged Care Act 2024

This section applies if a registered provider is delivering ongoing funded aged care services through the service group residential care in an approved residential care home to an individual.

On each day during which an individual is on any type of leave mentioned in subsections (3) to (7) from the approved residential care home, the individual is taken, for the purposes of this Act (other than section 246) to have been delivered ongoing funded aged care services through the service group residential care by the registered provider in the approved residential care home.

Section 246 deals with how to work out periods of leave under this section.

Despite subsections (4) to (7), the individual is on emergency leave from an approved residential care home (the affected home) on a day if:

during the whole of that day, the individual is absent from the affected home; and

the Minister determines under subsection 245(1) that there is a situation of emergency for that day for the affected home, or a class of approved residential care homes that includes the affected home.

The individual is on hospital leave from the approved residential care home on each day of any period during which the individual attends a hospital for the purpose of receiving hospital treatment.

The individual is on hospital transition leave from the approved residential care home on each day of any period during which the individual has a hospital transition classification in effect.

The individual is on extended hospital leave if the individual is on any combination of hospital leave and hospital transition leave for a continuous period of 30 days or more.

The individual is on social leave from the approved residential care home on a day if:

during the whole of that day, the individual is absent from the approved residential care home; and

the individual is not on leave under any of subsections (3), (4), (5) or (6) on that day; and

the number of days on which the individual has previously been on leave under this subsection, during the current financial year, is less than 52.

If an individual is taken not to have been delivered funded aged care services because the maximum number of days has been exceeded, subsidy will not be payable in respect of those excess days. However, the individual may agree to pay a fee to the registered provider to reserve the individual’s bed in the approved residential care home. The maximum amount in such a case is set by section 282.