Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p6
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 13267–16013

scale of fees, the Secretary must comply with the relevant principles formulated under subsection 40AA(7).

"(6) The proprietor affected by a decision of the Secretary under subsection (1) may apply, in writing, to the Minister for a reconsideration of that decision by the Minister.

"(7) The application must be made within 28 days after the proprietor receives notice of the decision.

"(8) If the proprietor applies for reconsideration of the decision, the Minister may affirm or revoke the decision or vary it as he or she thinks fit.

"(9) For the purposes of determining the notional scale of fees for the first accounting period in respect of a nursing home after the commencement of this Act, the accounting period is taken to have commenced on a day determined by the Secretary.

"(10) The day determined by the Secretary may be a day before the day this Act commences.

Secretary may pay or recover advances of general care benefit before notional scale of fees is set

  "46E.(1) If:

    (a)     during an accounting period in respect of an approved nursing home; or

    (b)     after the end of an accounting period in respect of an approved nursing home and before the Secretary has determined a notional scale of fees in respect of the accounting period,

the Secretary reasonably believes that the proprietor of the nursing home will be found (on general care benefit becoming payable) to have, in respect of the accounting period:

  (c)     received an overpayment of general care benefit; or

  (d)     been underpaid general care benefit;

the Secretary may determine, in writing, the amount that the Secretary believes to be the amount of the likely overpayment or underpayment.

"(2) If the Secretary determines an amount, the Secretary may, on the Commonwealth's behalf, recover the amount from, or pay the amount to, the proprietor of the nursing home (as the case requires) in the manner specified in the principles formulated under subsection 40AA(7).

"(3) If the Secretary decides to recover the amount from, or pay the amount to, the proprietor of the nursing home under subsection (2), the Secretary must notify the proprietor, in writing, accordingly.

"(4) If steps have been taken to recover (by the manner specified in the principles) an amount determined under subsection (1) to be a likely overpayment then, for the purpose of establishing whether or not the proprietor of the nursing home has received an overpayment in respect of the accounting period, that amount is to be deducted from

the total amount of advances in respect of general care benefit paid in relation to the nursing home during the accounting period.

"(5) If steps have been taken to pay (by the manner specified in the principles) an