Insert:

(3A)

A care recipient is on ^* leave under this section from a residential care service on a day if:

(a) ^* flexible care subsidy is payable in respect of the care recipient and the day; and
(b) the requirements specified in the Residential Care Subsidy Principles for the purposes of this paragraph are met.

Note: A lower classification level for working out the amount of the residential care subsidy may apply to the care recipient if he or she is on leave for at least 30 days continuously under subsections (2) and (3A). See section 44-4.

2 Subsection 42-2(4)

Omit "and (3)", substitute ", (3) and (3A)".

3 Paragraph 44-4(1)(a)

Repeal the paragraph, substitute:

(a) the care recipient either:
(i) is on ^* extended hospital leave; or
(ii) is on ^* leave from a residential care service under subsection 42-2(3A) and has been on leave continuously for at least 30 days (including that day) first under subsection 42-2(2) and later under subsection 42-2(3A); and
4 Application

Subparagraph 44-4(1)(a)(ii) of the Aged Care Act 1997 applies whether the period described in the subparagraph started before, on or after the commencement of the subparagraph.

5 At the end of subsection 44-4(1)

Add:

Note: Subsection 42-2(3A) is about leave from a residential care service for flexible care. Subsection 42-2(2) is about leave from such a service for attending a hospital for hospital treatment.

6 Subsection 44-6(3)

After "hospital", insert "or in hospital and ^* flexible care".