Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p38
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 38/50)
Character Range: 104033–106854

section 44‑23), a pensioner supplement will not apply.
 (7) The pensioner supplement for a particular day is the amount determined by the Minister by legislative instrument.
 (8) The Minister may determine different amounts (including nil amounts) based on any matters determined by the Minister by legislative instrument.

44‑30  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 residential care through the residential care service in question; and
 (b) the care recipient was eligible for a hardship supplement.
 (2) Subject to subsection (4), the care recipient is eligible for a hardship supplement on a particular day if:
 (a) the Aged Care (Transitional Provisions) Principles specify one or more classes of care recipients to be care recipients for whom paying the maximum daily amount of resident fees worked out under section 58‑2 would cause financial hardship; and
 (b) on that day, the care recipient is included in such a class.
 (3) Subject to subsection (4), the care recipient is also eligible for a hardship supplement on a particular day if a determination is in force under section 44‑31 in relation to the care recipient.
 (4) The care recipient is not eligible for a hardship supplement in respect of a day if, on that day, the care recipient is being provided with residential care on an extra service basis (see Division 36 of the Aged Care Act 1997).
 (5) 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.
 (6) The Minister may determine different amounts (including nil amounts) or methods based on any matters determined by the Minister by legislative instrument.

44‑31  Determining cases of financial hardship
 (1) The Secretary may, in accordance with the Aged Care (Transitional Provisions) Principles, determine that the care recipient is eligible for a hardship supplement if the Secretary is satisfied that paying the maximum daily amount of resident fees worked out under section 58‑2 would cause the care recipient financial hardship.
Note: Refusals to make determinations are reviewable under Part 6.1.
 (2) In deciding whether to make a determination under this section, and in determining a lesser amount, the Secretary must have regard to the matters (if any) specified in the Aged Care (Transitional Provisions) Principles.
 (3) A determination under this section ceases to be in force at the end of a specified period, or on the occurrence of a specified event, if the determination so provides.
Note: Decisions to specify