Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p27
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 27/50)
Character Range: 76454–79366

(Transitional Provisions) Principles.
 (2) The Secretary may determine that a care recipient is eligible for an enteral feeding supplement.
Note: Refusals to make determinations are reviewable under Part 6.1.
 (2A) A determination made under subsection (2) is not a legislative instrument.
 (3) In deciding whether to make a determination, the Secretary must comply with any requirements, and have regard to any matters, specified in the Aged Care (Transitional Provisions) Principles.
 (4) An approved provider that is providing, or is to provide, residential care to a care recipient may apply to the Secretary, in the form approved by the Secretary, for a determination under subsection (2) in respect of the care recipient.
 (5) The Secretary must notify the applicant, in writing, of the Secretary's decision on whether to make the determination. The notice must be given within 28 days after the decision is made.
 (6) The enteral feeding 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.
 (7) The Minister may determine different amounts (including nil amounts) or methods based on any matters determined by the Minister by legislative instrument.

44‑15  Requests for further information
 (1) If the Secretary needs further information to determine an application under section 44‑13 or 44‑14, the Secretary may give to the applicant a notice requesting the further information:
 (a) within the period specified in the notice; or
 (b) if no period is specified in the notice—within 28 days after receiving the notice.
 (2) The application is taken to be withdrawn if the applicant does not give the further information within whichever of those periods applies.
Note: The period for giving further information can be extended—see section 96‑7.
 (3) The notice must contain a statement setting out the effect of subsection (2).

44‑16  Additional primary supplements
 (1) The Aged Care (Transitional Provisions) Principles may provide for additional primary supplements.
 (2) The Aged Care (Transitional Provisions) Principles may specify, in respect of each such supplement, 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 supplement, the amount of the supplement, or the way in which the amount of the supplement is to be worked out.

Subdivision 44‑D—Reductions in subsidy

44‑17  Reductions in subsidy
  The reductions in subsidy for the care recipient under step 3 of the residential care subsidy calculator in section 44‑2 are such of the following reductions as apply to the care recipient in respect of the *payment period:
 (a) the extra service reduction (see section 44‑18);
 (c) the compensation