Document ID: chunk:federal_register_of_legislation:C2008A00001:clause:1_92
Version: federal_register_of_legislation:C2008A00001
Segment Type: clause
Provision Reference: sch 1 cl 92
Character Range: 27419–28323

92  After section 47‑4
Insert:

47‑4A  Variations of claims for community care subsidy

 (1) An approved provider may vary the claim made in respect of a *payment period within:
 (a) 2 years after the end of that payment period; or
 (b) such longer period as is determined in respect of the claim by the Secretary.

 (2) In determining a longer period for the purposes of paragraph (1)(b), the Secretary must be satisfied that a variation is required:
 (a) due to an administrative error made by the Commonwealth or an agent of the Commonwealth; or
 (b) because the Commonwealth or an agent of the Commonwealth considers that the circumstances of a care recipient are different from those on the basis of which subsidy was claimed.

Note: Determinations of periods under paragraph (1)(b) are reviewable under Part 6.1.

 (3) A determination made under paragraph (1)(b) is not a legislative instrument.