9Reimbursement of amounts payable for residential care or home care

#### 9 Reimbursement of amounts payable for residential care or home care (1) This section applies if: (a) a reimbursement arrangement has been made in respect of an injury to a compensable person; and (b) the person is entitled, under the reimbursement arrangement, to compensation by way of reimbursement of expenses as those expenses are incurred, being expenses incurred in respect of residential care or home care provided to the person in the course of treatment of, or as a result of, the injury. (2A) Despite Part 2 of Chapter 4 of the Aged Care Act 2024, residential care subsidy is not payable in respect of residential care if, under the reimbursement arrangement, the whole or any part of the amount payable for residential care has already been reimbursed before a claim for residential care subsidy in respect of the residential care has been submitted. (2B) Despite Part 3.2 of the Aged Care Act 1997 and Part 3.2 of the Aged Care (Transitional Provisions) Act 1997, home care subsidy is not payable in respect of home care if, under the reimbursement arrangement, the whole or any part of the amount payable for home care has already been reimbursed before a claim for home care subsidy in respect of the home care has been submitted. (3) If: (a) residential care or home care has been provided to the person; and (aa) residential care subsidy or home care subsidy has been paid in respect of the residential care or home care; and (b) under the reimbursement arrangement, the person is entitled to reimbursement of the whole or any part of the amount payable for the residential care or home care; the person entitled to the reimbursement is liable to pay to the Commonwealth an amount equal to the residential care subsidy or home care subsidy. (4) Subsection (3) has effect only so far as it is not a law imposing taxation within the meaning of section 55 of the Constitution. > Note: So far as subsection (3) would be a law imposing taxation, see section 7 of the Health and Other Services (Compensation) Care Charges Act 1995.