259Variations of claims

259  Variations of claims

 (1) A registered provider may vary a claim made for a payment period within:

 (a) 2 years after the end of the payment period; or

 (b) such longer period as is determined for the claim by the System Governor.

 (2) In determining a longer period for the purposes of paragraph (1)(b), the System Governor must be satisfied that a variation is required:

 (a) due to an administrative error made by the Commonwealth; or

 (b) because the Commonwealth considers that the circumstances of an individual are different from those on the basis of which subsidy was claimed.

Subdivision C—Claims and payment for specialist aged care programs

260  Claims and payment of subsidy

 (1) Subsidy is payable by the Commonwealth to a registered provider for each day the registered provider is eligible under section 248 in relation to the delivery of funded aged care services to individuals through a service group under a specialist aged care program.

 (2) The rules may prescribe requirements relating to claims for, and payment of, subsidy under subsection (1).

 (3) It is a condition on which subsidy is paid to a registered provider under this section that the subsidy is used by the registered provider only for the purpose of delivering funded aged care services to individuals in circumstances where all of the following apply:

 (a) the services are delivered to the individual by the registered provider under a place that is in effect under section 97 for the program and service group;

 (b) all conditions on those places under section 99 have been complied with;

 (c) the registered provider’s registration is in effect and covers the delivery of each of those services;

 (d) each of those individuals has an access approval in effect that covers each of the services being delivered to the individual.

Note: Amounts are recoverable by the Commonwealth in circumstances where a registered provider breaches this condition: see paragraph 514(2)(c).

Subdivision D—Miscellaneous provisions