Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p49
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 49/61)
Character Range: 302587–305295

determinations are reviewable under Part 6.1.
 (2) Before deciding to revoke the determination, the Secretary must notify the care recipient and the approved provider concerned that revocation is being considered.
 (3) The notice must be in writing and must:
 (a) invite the care recipient and the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and
 (b) inform them that if no submissions are made within that period, the revocation takes effect on the day after the last day for making submissions.
 (4) In making the decision whether to revoke the determination, the Secretary must consider any submissions received within the period for making submissions. The Secretary must make the decision within 28 days after the end of that period.
 (5) The Secretary must notify, in writing, the care recipient and the approved provider of the decision.
 (6) The notice must be given to the care recipient and the approved provider within 28 days after the end of the period for making submissions.
 (7) If the notice is not given within that period, the Secretary is taken to have decided not to revoke the determination.
 (8) A revocation has effect:
 (a) if the care recipient and the approved provider received notice under subsection (5) on the same day—the day after that day; or
 (b) if they received the notice on different days—the day after the later of those days.

Part 3.2—Home care subsidy

Division 45—Introduction

45‑1  What this Part is about
      The *home care subsidy is a payment by the Commonwealth to approved providers for providing home care to care recipients. However, any *unspent home care amount (which may include home care subsidy) of a care recipient must be dealt with by an approved provider in accordance with the User Rights Principles.

Table of Divisions
45 Introduction
46 Who is eligible for home care subsidy?
47 On what basis is home care subsidy paid?
48 What is the amount of home care subsidy?

45‑2  The Subsidy Principles
  *Home care subsidy is also dealt with in the Subsidy Principles. Provisions of this Part indicate when a particular matter is or may be dealt with in these Principles.
Note: The Subsidy Principles are made by the Minister under section 96‑1.

45‑3  Meaning of home care
 (1) Home care is care consisting of a package of personal care services and other personal assistance provided to a person who is not being provided with residential care.
 (2) The Subsidy Principles may specify care that:
 (a) constitutes home care for the purposes of this Act; or
 (b) does not constitute home care for the purposes of this Act.

Division 46—Who is eligible for home care subsidy?

46‑1