Document ID: chunk:federal_register_of_legislation:C2022A00034:clause:1_50
Version: federal_register_of_legislation:C2022A00034
Segment Type: clause
Provision Reference: sch 1 cl 50
Character Range: 18784–19393

50  After subsection 85‑5(5)
Insert:
 (5A) In reconsidering a decision made under subsection 29C‑2(1), 29D‑1(1) or 29E‑1(1):
 (a) the level of care needed by the relevant care recipient, relative to the needs of other care recipients, must be assessed under section 29C‑3; and
 (b) the Secretary must take that assessment into account before making a decision under subsection (5) of this section.
 (5B) If the relevant care recipient cannot be assessed for the purposes of the reconsideration:
 (a) the request is taken to be withdrawn; and
 (b) the Secretary must not make a decision under subsection (5).