Document ID: chunk:federal_register_of_legislation:F2025C00071:reg:40
Version: federal_register_of_legislation:F2025C00071
Segment Type: reg
Provision Reference: reg 40
Character Range: 49625–52044

40  Matters to which Secretary must have regard in deciding whether to determine if care subsidy reduction is to be taken to be zero
 (1) For subsection 44‑23(4) of the Act, in deciding whether to determine that the care subsidy reduction in respect of a care recipient is to be taken to be zero, the Secretary must have regard to the following matters:
 (a) the care recipient's total assessable income (worked out in accordance with section 44‑24 of the Act and section 41 of these principles) and assets (worked out in accordance with section 44‑26A of the Act and section 47 of these principles);
 (b) the care recipient's financial arrangements;
 (c) the care recipient's entitlement to income support:
 (i) under the Social Security Act; or
 (ii) under the Veterans' Entitlements Act; or
 (iii) from any other source;
 (d) whether the care recipient has taken steps to obtain information about his or her entitlement to pension, benefit or other income support payments;
 (e) whether the care recipient has access to financial assistance:
 (i) under section 1129 of the Social Security Act (relating to access to financial hardship rules for pensions); or
 (ii) under the pension loans scheme under Division 4 of Part 3.12 of the Social Security Act; or
 (iii) from any other source;
 (f) whether any income of the care recipient is income that the care recipient does not reasonably have access to;
 (g) whether there is a charge on the care recipient's income over which the payment of resident fees cannot practically take precedence;
 (h) whether any assets of the care recipient are unrealisable assets;
 (i) whether the care recipient is in Australia on a temporary basis.
Note: Unrealisable asset is defined in section 4.
 (2) The Secretary may have regard to any other matters the Secretary considers relevant.
 (3) To enable the Secretary to have regard to the matters mentioned in paragraph (1)(c) or (d), the Secretary may:
 (a) require the care recipient to seek information from the relevant Department about his or her entitlement to a benefit, income support payment or other assistance, and give the Secretary copies of written replies from the Department; or
 (b) advise the care recipient to seek advice about his or her financial arrangements from the Financial Information Service established by Centrelink.

Subdivision C—Care subsidy reduction—amounts excluded from total assessable income