Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p39
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 39/50)
Character Range: 106607–109389

Aged Care (Transitional Provisions) Principles.
 (3) A determination under this section ceases to be in force at the end of a specified period, or on the occurrence of a specified event, if the determination so provides.
Note: Decisions to specify periods or events are reviewable under Part 6.1.
 (4) Application may be made to the Secretary, in the form approved by the Secretary, for a determination under this section. The application may be made by:
 (a) the care recipient; or
 (b) an approved provider who is providing, or is to provide, residential care to the care recipient.
 (5) If the Secretary needs further information to determine the application, the Secretary may give to the applicant a notice requesting the applicant to give the further information:
 (a) within 28 days after receiving the notice; or
 (b) within such other period as is specified in the notice.
 (6) The application is taken to have been withdrawn if the information is not given within whichever of those periods applies. The notice must contain a statement setting out the effect of this subsection.
Note: The period for giving the further information can be extended—see section 96‑7.
 (7) The Secretary must notify the care recipient and the approved provider, in writing, of the Secretary's decision on whether to make the determination. The notice must be given:
 (a) within 28 days after receiving the application; or
 (b) if the Secretary has requested further information under subsection (5)—within 28 days after receiving the information.
 (8) If the Secretary makes the determination, the notice must set out:
 (a) any period at the end of which; or
 (b) any event on the occurrence of which;
the determination will cease to be in force.
 (9) A determination under subsection (1) is not a legislative instrument.

Part 3.2—Home care subsidy

Division 45—Introduction

45‑1  What this Part is about

      The *home care subsidy is a payment by the Commonwealth to approved providers for providing home care to care recipients.
      However, any *unspent home care amount (which may include home care subsidy) of a care recipient must be dealt with by an approved provider in accordance with the User Rights Principles.

Table of Divisions
45 Introduction
46 Who is eligible for home care subsidy?
47 On what basis is home care subsidy paid?
48 What is the amount of home care subsidy?

45‑2  Home care subsidy also dealt with in Aged Care (Transitional Provisions) Principles
  *Home care subsidy is also dealt with in the Aged Care (Transitional Provisions) Principles. Provisions of this Part indicate when a particular matter is or may be dealt with in those Principles.
Note: The Aged Care (Transitional Provisions) Principles are made by the Minister under section 96‑1.

45‑3