Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p42
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 42/54)
Character Range: 143272–145905

care services determined under subsection (1), including any priority for home care services varied under this subsection.
Note: The variation is reviewable under Part 6.1.
 (3) Any determination of a person's priority for home care services under this section, including any determination as varied under subsection (2), must be consistent with the care needs of the person.

22‑3  Applications for approval
 (1) A person may apply in writing to the Secretary for the person to be approved as a recipient of one or more types of *aged care.
 (2) However, the fact that the application is for approval of a person as a recipient of one or more types of *aged care does not stop the Secretary from approving the person as a recipient of one or more other types of aged care.
 (3) The application must be in a form approved by the Secretary. It may be made on the person's behalf by another person.

22‑4  Assessments of care needs
 (1) Before deciding whether to approve a person under this Part, the Secretary must ensure the care needs of the person have been assessed.
 (2) Subject to subsection (2A), the Secretary may limit the assessment to assessing the person in relation to:
 (a) the person's eligibility to receive one or more specified types of *aged care; or
 (b) the person's eligibility to receive a specified level or levels of care.
 (2A) If the person has applied for approval as a recipient of home care, the assessment must include an assessment of the person's priority for home care services.
 (3) However, the Secretary may make the decision without the person's care needs being assessed if the Secretary is satisfied that there are exceptional circumstances that justify making the decision without an assessment.
 (4) A person to whom the Secretary's function of deciding whether to approve the person is delegated may be the same person who assessed the person.

22‑5  Date of effect of approval
 (1) An approval takes effect on the day on which the Secretary approves the person as a care recipient.
 (2) However, an approval of a person who is provided with care before being approved as a recipient of that type of *aged care is taken to have had effect from the day on which the care started if:
 (a) the application for approval is made within 5 business days (or that period as extended under subsection (3)) after the day on which the care started; and
 (b) the Secretary is satisfied, in accordance with the Approval of Care Recipients Principles, that the person urgently needed the care when it started, and that it was not practicable to apply for approval beforehand.
Note: Decisions about when a