Document ID: chunk:federal_register_of_legislation:C2008A00001:clause:1_130:p4
Version: federal_register_of_legislation:C2008A00001
Segment Type: clause
Provision Reference: sch 1 cl 130 (pt 4/4)
Character Range: 43440–45854

given to the approved provider within 28 days after the end of the period for making submissions. If the notice is not given within that period, the Secretary is taken to have decided not to vary or revoke the allocation, as the case requires.

 (7) A variation or revocation has effect:
 (a) if no submissions were made within the 28 day period—on the day after the last day for making submissions; or
 (b) if submissions were made within that period—on the day after the approved provider receives a notice under subsection (5).

78C‑5  Variation of allocations on application of approved provider

 (1) An approved provider may at any time apply to the Secretary for a variation of an allocation of a *flexible care grant to the approved provider.

 (2) A variation of the allocation may be either or both of the following:
 (a) a reduction of the amount of the grant;
 (b) a variation of any of the conditions to which the allocation is subject.

 (3) The application must be in the form approved by the Secretary.

 (4) The Secretary must, within 28 days after receiving the application:
 (a) make a variation; or
 (b) reject the application;
and, within that period, notify the approved provider accordingly.

Note: Variations of allocations and rejections of applications are reviewable under Part 6.1.

78C‑6  Agreement taken to be varied

  If the Secretary varies, under section 78C‑4 or 78C‑5, one or more of the conditions of an allocation, the agreement entered into under subsection 78C‑1(3) is taken to be varied accordingly.

78C‑7  Appropriation

  Payments by the Commonwealth under this Part are to be made out of money appropriated by the Parliament for the purpose.

Division 78D—How much is a flexible care grant?

78D‑1  The amount of a flexible care grant

 (1) The amount of a *flexible care grant is the amount specified in, or worked out in accordance with, the Flexible Care Grant Principles.

 (2) The following are examples of matters with which the Flexible Care Grant Principles may deal in relation to the amounts of *flexible care grants:
 (a) the circumstances of approved providers to which the grants are payable;
 (b) the purposes for which the grants are payable;
 (c) the locations of the *flexible care services to which the grants relate;
 (d) the kinds of people who will be provided with flexible care through the services;
 (e) limits on the amounts of the grants.