Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p31
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 31/50)
Character Range: 86690–89460

some circumstances
 (1) The *daily income tested reduction in respect of the care recipient is taken to be zero for each day, during the *payment period, on which one or more of the following applies:
 (a) the care recipient was provided with *respite care;
 (b) a determination was in force under subsection (2) in relation to the care recipient;
 (c) the care recipient was included in a class of people specified in the Aged Care (Transitional Provisions) Principles.
 (2) The Secretary may, in accordance with the Aged Care (Transitional Provisions) Principles, determine that the *daily income tested reduction in respect of the care recipient is to be taken to be zero.
Note: Refusals to make determinations are reviewable under Part 6.1.
 (3) The determination ceases to be in force at the end of the period (if any) specified in the determination.
Note: Decisions specifying periods are reviewable under Part 6.1.
 (4) In deciding whether to make a determination, the Secretary must have regard to the matters specified in the Aged Care (Transitional Provisions) Principles.
 (5) Application may be made to the Secretary, in the form approved by the Secretary, for a determination under subsection (2) in respect of a care recipient. The application may be made by:
 (a) the care recipient; or
 (b) an approved provider that is providing, or is to provide, residential care to the care recipient.
 (6) The Secretary must notify the care recipient and the approved provider, in writing, of the Secretary's decision on whether to 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.

44‑23  Effect on daily income tested reduction of failure to give requested information
 (1) If the care recipient fails to give to the Secretary information, within the time specified in a notice under subsection 44‑24(8), that the Secretary requests for the purpose of determining the care recipient's *total assessable income under section 44‑24, the *daily income tested reduction in respect of the care recipient, for each day during the period:
 (a) starting on the day on which the care recipient failed to give the information; and
 (b) finishing at the end of the day before the day on which the care recipient gives to the Secretary the information requested;
is the amount worked out under subsection (4) of this section.
 (2) If the care recipient elects, by