Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p19
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 19/50)
Character Range: 56938–59746

(a) a determination covered by subsection (1B) is made in relation to a person; and
 (b) the time specified in the determination is on or after 20 September 2009;
subsection (1B) has effect as if the reference to paragraph (1)(c) were a reference to that paragraph modified by:
 (c) omitting "4" from subparagraph (i) and substituting "3.61"; and
 (d) omitting "2.5" from subparagraph (iii) and substituting "2.25".
 (1E) If:
 (a) a determination covered by subsection (1C) is made in relation to a person; and
 (b) the applicable time under subsection (2) is on or after 20 September 2009;
subsection (1C) has effect as if the reference to paragraph (1)(c) were a reference to that paragraph modified by:
 (c) omitting "4" from subparagraph (i) and substituting "3.61"; and
 (d) omitting "2.5" from subparagraph (iii) and substituting "2.25".

What is the applicable time?
 (2) The applicable time is:
 (a) if:
 (i) the person had, within 28 days prior to *entry to the residential care service, been provided with residential care through another residential care service; and
 (ii) the person had paid an *accommodation bond for entry to that other service;
  the time that was, under this subsection, the applicable time in respect of that other service; or
 (b) in any other case—the time at which the person entered the residential care service.

44‑8AA  Determinations for sections 44‑7 and 44‑8

Making determinations
 (1) The Secretary may make a determination (the resident status determination) described in section 44‑7 or 44‑8 if:
 (a) the person mentioned in that section has applied, in a form approved by the Secretary, for the resident status determination; and
 (b) the Secretary has made a determination (the asset value determination) under section 44‑8AB of the value of the person's assets at the time that is specified in the resident status determination; and
 (c) the Secretary is satisfied of the matters relating to the person that are to be set out in the resident status determination.
Note: The time specified in a determination covered by subsection 44‑7(1C) or 44‑8(1C) is the applicable time under subsection 44‑7(2) or 44‑8(2).

Giving notice of decision on resident status determination
 (2) Within 14 days after deciding whether or not to grant the application, the Secretary must notify the person in writing of:
 (a) the decision; and
 (b) if the Secretary made the resident status determination—the content of the determination.

When the resident status determination comes into force
 (3) The resident status determination comes into force on the day it is made or an earlier day stated in the determination to be the day on which the determination comes into force.

When the resident status determination ceases to be in force
 (5) The resident status determination