226AUnspent Commonwealth portion

226A  Unspent Commonwealth portion

 (1) A registered provider starts to hold an unspent Commonwealth portion for an individual at the transition time if, immediately before the transition time:

 (a) the registered provider was an approved provider that held an unspent home care amount in relation to the individual as mentioned in the User Rights Principles 2014; and

 (b) the amount of the Commonwealth portion of that amount under section 21CA of those Principles was not zero; and

 (c) neither section 21F nor section 21JB of those Principles applied in relation to the Commonwealth portion of that amount (whether or not the Commonwealth portion had become due and payable to the Commonwealth).

 (3) At the transition time, the amount of the Commonwealth portion of the individual’s unspent home care amount under section 21CA of the User Rights Principles 2014 immediately before the transition time is credited to the portion.

Debits for claims

 (4) If a claim is made under section 251 for person‑centred subsidy for the delivery of a funded aged care service to the individual on a day, the unspent Commonwealth portion is debited (if at all) in accordance with section 251B immediately after the claim is approved under subsection 251(4).

Debit for return of unspent Commonwealth portion—provider election

 (6) If the registered provider elects to return the available balance of an unspent Commonwealth portion for the individual to the Commonwealth under section 226B, the portion is reduced, at the start of a day prescribed by the rules (which may be a day before the day the election is made), by the amount of that balance at the start of that day.

Debit for return of unspent Commonwealth portion—individual transfers between provider service delivery branches

 (7) If a registered provider returns the available balance of an unspent Commonwealth portion for the individual to the Commonwealth under section 226C, the portion is reduced, at the start of a day prescribed by the rules, by the amount of that balance at the start of that day.

Debit for return of unspent Commonwealth portion—provider ceases to deliver services

 (8) If a registered provider returns the available balance of an unspent Commonwealth portion for the individual to the Commonwealth under section 226D, the portion is reduced, at the start of a day prescribed by the rules, by the amount of that balance at the start of that day.

Ceasing of portion

 (9) The registered provider ceases to hold an unspent Commonwealth portion for an individual when the available balance of the portion is reduced to zero.