Document ID: chunk:federal_register_of_legislation:C2016C00170:clause:3_142:p3
Version: federal_register_of_legislation:C2016C00170
Segment Type: clause
Provision Reference: sch 3 cl 142 (pt 3/8)
Character Range: 98770–101536

not paid in a lump sum;
the amount of the compensation payment reduction under subsection (3) is reduced by the proportion corresponding to the proportion of liability that is apportioned to the care recipient by the judgement or settlement.
 (5) If a care recipient is entitled to compensation under a judgement or settlement that does not take into account the future costs of providing home care to the care recipient, the Secretary may, in accordance with the Subsidy Principles, determine:
 (a) that, for the purposes of this section, the judgement or settlement is to be treated as having taken into account the cost of providing that home care; and
 (b) the part of the compensation that, for the purposes of this section, is to be treated as relating to the future costs of providing home care.
Note: Determinations are reviewable under Part 6.1.
 (6) If:
 (a) a care recipient is entitled to compensation under a settlement; and
 (b) the settlement takes into account the future costs of providing home care to the recipient; and
 (c) the Secretary is satisfied that the settlement does not adequately take into account the future costs of providing home care to the care recipient;
the Secretary may, in accordance with the Subsidy Principles, determine the part of the compensation that, for the purposes of this section, is to be treated as relating to the future costs of providing home care.
Note: Determinations are reviewable under Part 6.1.
 (7) A determination under subsection (5) or (6) must be in writing and notice of it must be given to the care recipient.
 (8) A determination under subsection (5) or (6) is not a legislative instrument.
 (9) In this section, the following terms have the same meanings as in the Health and Other Services (Compensation) Act 1995:
compensation
compensation payer
judgement
reimbursement arrangement
settlement

48‑6  Secretary's powers if compensation information is not given
 (1) This section applies if:
 (a) the Secretary believes on reasonable grounds that a care recipient is entitled to compensation under a judgement, settlement or reimbursement arrangement; and
 (b) the Secretary does not have sufficient information to apply section 48‑5 in relation to the compensation.
 (2) The Secretary may, by notice in writing given to a person, require the person to give information or produce a document that is in the person's custody, or under the person's control, if the Secretary believes on reasonable grounds that the information or document may be relevant to the application of section 48‑5 in relation to the compensation.
 (3) The notice must specify:
 (a) how the person is to give the information or produce the document; and
 (b) the period within which the person is to give the information