Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p55
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 55/61)
Character Range: 317674–320486

or settlement is to be treated as having taken into account the cost of providing that home care; and
 (b) the part of the compensation that, for the purposes of this section, is to be treated as relating to the future costs of providing home care.
Note: Determinations are reviewable under Part 6.1.
 (6) If:
 (a) a care recipient is entitled to compensation under a settlement; and
 (b) the settlement takes into account the future costs of providing home care to the recipient; and
 (c) the Secretary is satisfied that the settlement does not adequately take into account the future costs of providing home care to the care recipient;
the Secretary may, in accordance with the Subsidy Principles, determine the part of the compensation that, for the purposes of this section, is to be treated as relating to the future costs of providing home care.
Note: Determinations are reviewable under Part 6.1.
 (7) A determination under subsection (5) or (6) must be in writing and notice of it must be given to the care recipient.
 (8) A determination under subsection (5) or (6) is not a legislative instrument.
 (9) In this section, the following terms have the same meanings as in the Health and Other Services (Compensation) Act 1995:

compensation
compensation payer
judgement
reimbursement arrangement
settlement

48‑6  Secretary's powers if compensation information is not given
 (1) This section applies if:
 (a) the Secretary believes on reasonable grounds that a care recipient is entitled to compensation under a judgement, settlement or reimbursement arrangement; and
 (b) the Secretary does not have sufficient information to apply section 48‑5 in relation to the compensation.
 (2) The Secretary may, by notice in writing given to a person, require the person to give information or produce a document that is in the person's custody, or under the person's control, if the Secretary believes on reasonable grounds that the information or document may be relevant to the application of section 48‑5 in relation to the compensation.
 (3) The notice must specify:
 (a) how the person is to give the information or produce the document; and
 (b) the period within which the person is to give the information or produce the document.
Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to notice given under this section.
 (4) If the information or document is not given or produced within the specified period, the Secretary may determine compensation payment reductions for the care recipient.
Note: Decisions to determine compensation payment reductions under this section are reviewable under Part 6.1.
 (5) The compensation payment reductions must be determined in accordance with the Subsidy Principles.

48‑7  The care subsidy reduction
 (1) The