Document ID: chunk:federal_register_of_legislation:F2025C00071:reg:38
Version: federal_register_of_legislation:F2025C00071
Segment Type: reg
Provision Reference: reg 38
Character Range: 46805–48425

38  Determination by Secretary if compensation information not given on request
 (1) For subsection 44‑20A(5) of the Act, in determining compensation payment reductions for a care recipient if information or a document requested about a judgment, settlement or reimbursement arrangement is not produced or given, the Secretary must take into account the amounts spent on residential care at the time of the judgment, settlement or reimbursement arrangement.
 (2) The Secretary may also take into account any other matters the Secretary considers relevant, including the following:
 (a) the amount of the judgment, settlement or reimbursement arrangement;
 (b) for a judgment—the components stated in the judgment and the amount stated for each component;
 (c) the proportion of liability apportioned to the care recipient;
 (d) the amounts that are likely to be paid to or withheld by other government agencies because of the judgment, settlement or reimbursement arrangement;
 (e) the amounts spent on care (other than residential care) at the time of the judgment, settlement or reimbursement arrangement;
 (f) the likely cost of residential care for the care recipient;
 (g) other costs of care for which the care recipient is likely to be liable;
 (h) the amount of the accommodation bond, accommodation payment or accommodation contribution paid or payable by the care recipient;
 (i) other amounts, not related to care, that the care recipient:
 (i) had spent at the time of the judgment, settlement or reimbursement arrangement; or
 (ii) is likely to be liable for.

Subdivision B—Care subsidy reduction—general