Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p35
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 35/61)
Character Range: 268158–270974

residential care; and
 (b) the part of the compensation that, for the purposes of this section, is to be treated as relating to the future costs of providing residential care.
Note: Determinations are reviewable under Part 6.1.
 (6) If:
 (a) a care recipient is entitled to compensation under a settlement; and
 (b) the settlement takes into account the future costs of providing residential care to the recipient; and
 (c) the Secretary is satisfied that the settlement does not adequately take into account the future costs of providing residential care to the care recipient;
the Secretary may, in accordance with the Subsidy Principles, determine the part of the compensation that, for the purposes of this section, is to be treated as relating to the future costs of providing residential care.
Note: Determinations are reviewable under Part 6.1.
 (7) A determination under subsection (5) or (6) must be in writing and notice of it must be given to the care recipient.
 (7A) A determination under subsection (5) or (6) is not a legislative instrument.
 (8) A reference in this section to the costs of providing residential care does not include a reference to an amount that is or may be payable as a *refundable deposit, except to the extent provided in the Subsidy Principles.
 (9) In this section, the following terms have the same meanings as in the Health and Other Services (Compensation) Act 1995:

compensation
compensation payer
judgment
reimbursement arrangement
settlement.

44‑20A  Secretary's powers if compensation information is not given
 (1) This section applies if:
 (a) the Secretary believes on reasonable grounds that a care recipient is entitled to compensation under a judgement, settlement or reimbursement arrangement; and
 (b) the Secretary does not have sufficient information to apply section 44‑20 in relation to the compensation.
 (2) The Secretary may, by notice in writing given to a person, require the person to give information or produce a document that is in the person's custody, or under the person's control, if the Secretary believes on reasonable grounds that the information or document may be relevant to the application of section 44‑20 in relation to the compensation.
 (3) The notice must specify:
 (a) how the person is to give the information or produce the document; and
 (b) the period within which the person is to give the information or produce the document; and
 (c) the effect of subsection (4).
Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to notice given under this section.
 (4) If the information or document is not given or produced within the specified period, the Secretary may determine compensation payment reductions for the care recipient.
Note: Decisions to determine compensation