10.1Residential care arrangements

10.1 Residential care arrangements

10.1.1 Residential care may be provided in accordance with this Part to
a person who has a current valid White Card.

Note (1)‘residential care’ is defined in paragraph 1.4.1.

10.1.2 Subject to paragraph 10.1.3 and paragraph 10.1.5, a person referred to in paragraph 10.1.1 may be provided with residential care under the Aged Care Act 1997and the Principles if the person suffers from a condition associated with malignant neoplasia.

10.1.3 Upon the Commonwealth becoming liable to pay an amount under the Aged Care Act 1997 in respect of residential care for a person referred to in paragraph 10.1.1, the Commission is taken to have:

(a) arranged for the provision of that residential care in accordance with this Part; and

(b) accepted financial responsibility for that amount.

Note: The effect of paragraph 10.1.3 is to provide for payment to be made under the Australian Participants in British Nuclear Tests (Treatment) Act 2006 instead of the Aged Care Act 1997.

10.1.4 Paragraph 10.1.3 does not permit payments to be made by the Commonwealth under both the Australian Participants in British Nuclear Tests (Treatment) Act 2006 and the Aged Care Act 1997 in respect of the same amount for which the Commonwealth has become liable.

10.1.5 Despite paragraph 10.1.3, where residential care is provided to an entitled person under the Aged Care Act 1997 and the Commonwealth is not liable to pay an amount under that Act in respect of an amount incurred by the entitled person in relation to that care, the Commission may accept financial liability for any such amount incurred by the entitled person where the Principles so provide.

Note: under the Aged Care Act 1997 the Commonwealth is not necessarily liable to pay resident fees such as the residential care amount. Liability to pay that amount may be accepted by the Commission where the Principles so provide.