Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p28
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 28/61)
Character Range: 250284–253168

event on the occurrence of which;
the determination will cease to be in force.
 (9) A notice under subsection (8) must be given to the approved provider:
 (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.

42‑6  Revocation of determinations
 (1) The Secretary must revoke a determination under section 42‑5 if satisfied that:
 (a) the exceptional circumstances that applied to the residential care service in question at the time the determination was made no longer apply; or
 (b) circumstances have changed such that one or more of the circumstances referred to in subsection 42‑5(3) now applies.
Note: Revocations of determinations are reviewable under Part 6.1.
 (2) The Secretary must, in writing, notify the approved provider conducting the service of the Secretary's decision to revoke the determination. The notice must be given within 7 days after the decision is made.

42‑7  Exceeding the number of places for which there is an allocation
 (1) For the purposes of a person's eligibility for *residential care subsidy, residential care provided to a particular care recipient on a particular day is excluded if:
 (a) the number of care recipients provided with residential care by the approved provider during that day exceeds the number of *places included in the approved provider's allocation of places for residential care subsidy; and
 (b) the Secretary decides, in accordance with subsection (2), that the residential care provided to that particular care recipient on that day is to be excluded.
 (2) In deciding under paragraph (1)(b) which residential care is to be excluded, the Secretary must:
 (a) make the number of exclusions necessary to ensure that the number of *places for which *residential care subsidy will be payable does not exceed the number of places included in the approved provider's allocation of places for residential care subsidy; and
 (b) exclude the residential care in the reverse order in which the care recipients *entered the residential care service for the provision of residential care.

42‑8  Notice of refusal to pay residential care subsidy
 (1) If:
 (a) an approved provider has claimed *residential care subsidy in respect of a person; and
 (b) the approved provider is not eligible for residential care subsidy in respect of that person;
the Secretary must notify the approved provider, in writing, accordingly.
 (2) A notice given under subsection (1) is not a legislative instrument.

Division 43—How is residential care subsidy paid?

43‑1  Payment of residential care subsidy
 (1) Residential care subsidy is payable by the Commonwealth to an approved provider in respect of each *payment period (see section 43‑2) during which the approved provider is eligible under section 42‑1. However, it