Div 6Flexible care subsidy under the old law

Division 6—Flexible care subsidy under the old law

20H Flexible care provided as short‑term restorative care—claims for flexible care subsidy—pre‑transition time payment periods

(1) Despite the repeal of the old law, a claim for flexible care subsidy in respect of a flexible care service through which an approved provider provides flexible care as short‑term restorative care, or a variation of such a claim for flexible care subsidy, may be made on or after the transition time in respect of a payment period ending before the transition time, and the old Act and the Subsidy Principles continue to apply to the claim and any subsidy payable as a result of the claim, as if the repeal had not happened.

(2) If an overpayment to a person of an amount by way of flexible care subsidy in respect of a flexible care service through which an approved provider provides flexible care as short‑term restorative care is made before or after the transition time, and the amount has not been recovered by the Commonwealth before the transition time:

Part 4—Transitional provisions for Chapter 5 of the new Act

Division 1—Establishment of the Aged Care Quality and Safety Commission

21 Commissioner’s report for period ended before transition time

(a) the transition time occurs after the end of a reporting period for the Commission under the old Act; and
(b) the annual report referred to in section 46 of the Public Governance, Performance and Accountability Act 2013 for that reporting period had not been prepared before that time.

(2) The Commissioner under the new Act must prepare the report.