Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p38
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 38/61)
Character Range: 275871–278625

between the asset free area and the first asset threshold.

           Step 9. If the value of the care recipient's assets exceeds the second asset threshold, the asset tested amount is the sum of the following:

                (a) 2% of the excess;
                (b) 1% of the difference between the first asset threshold and the second asset threshold;
                (c) 17.5% of the difference between the asset free area and the first asset threshold.

           Step 10. The per day asset tested amount is the asset tested amount divided by 364.
      The means tested amount is the sum of the income tested amount and the per day asset tested amount.
 (2) The asset free area is:
 (a) the amount equal to 2.25 times the *basic age pension amount; or
 (b) such other amount as is calculated in accordance with the Subsidy Principles.
 (3) The first asset threshold and the second asset threshold are the amounts determined by the Minister by legislative instrument.

44‑23  Care subsidy reduction taken to be zero in some circumstances
 (1) The care subsidy reduction in respect of the care recipient is taken to be zero for each day, during the *payment period, on which one or more of the following applies:
 (a) the care recipient was provided with *respite care;
 (b) a determination was in force under subsection (2) in relation to the care recipient;
 (c) the care recipient was included in a class of people specified in the Subsidy Principles.
 (2) The Secretary may, in accordance with the Subsidy Principles, determine that the care subsidy reduction in respect of the care recipient is to be taken to be zero.
Note: Refusals to make determinations are reviewable under Part 6.1.
 (3) The determination ceases to be in force at the end of the period (if any) specified in the determination.
Note: Decisions specifying periods are reviewable under Part 6.1.
 (4) In deciding whether to make a determination, the Secretary must have regard to the matters specified in the Subsidy Principles.
 (5) Application may be made to the Secretary, in the form approved by the Secretary, for a determination under subsection (2) in respect of a care recipient. The application may be made by:
 (a) the care recipient; or
 (b) an approved provider that is providing, or is to provide, residential care to the care recipient.
 (6) The Secretary must notify the care recipient and the approved provider, in writing, of the Secretary's decision on whether to make the determination. The notice must be given:
 (a) if an application for a determination was made under subsection (5)—within 28 days after the application was made, or, if the Secretary requested further information in relation to the application, within 28 days after receiving the