Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p58
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 58/61)
Character Range: 325320–328082

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 information; or
 (b) if such an application was not made—within 28 days after the decision is made.
 (7) A determination under subsection (2) is not a legislative instrument.

48‑9  Other supplements
 (1) The other supplements for the care recipient under step 4 of the Commonwealth contribution amount calculator are such of the following supplements as apply to the care recipient in respect of the *payment period:
 (a) the hardship supplement (see section 48‑10);
 (b) any other supplement set out in the Subsidy Principles for the purposes of this paragraph.
 (2) The Subsidy Principles may specify, in respect of each other supplement set out for the purposes of paragraph (1)(b), the circumstances in which the supplement will apply to a care recipient in respect of a *payment period.
 (3) The Minister may determine by legislative instrument, in respect of each such other supplement, the amount of the supplement, or the way in which the amount of the supplement is to be worked out.

48‑10  The hardship supplement
 (1) The hardship supplement for the care recipient in respect of the *payment period is the sum of all the hardship supplements for the days during the period on which:
 (a) the care recipient was provided with home care through the home care service in question; and
 (b) the care recipient was eligible for a hardship supplement.
 (2) The care recipient is eligible for a hardship supplement on a particular day if:
 (a) the Subsidy Principles specify one or more classes of care recipients to be care recipients for whom paying a daily amount of home care fees of more than the amount specified in the Principles would cause financial hardship; and
 (b) on that day, the care recipient is included in such a class.
The specified amount may be nil.
 (3) The care recipient is also eligible for a hardship supplement on a particular day if a determination is in force under section 48‑11 in relation to the care recipient.
 (4) The hardship supplement for a particular day is the amount:
 (a) determined by the Minister by legislative instrument; or
 (b) worked out in accordance with a method determined by the Minister by legislative instrument.
 (5) The Minister may determine different amounts (including nil amounts) or methods based on any matters determined by the Minister by legislative instrument.

48‑11  Determining cases of financial hardship
 (1) The Secretary may, in accordance with the Subsidy Principles, determine that the care