Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p21
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 21/50)
Character Range: 62020–64746

copy of the determination.

When the determination is in force
 (3) The determination is in force for the period specified in, or worked out under, the determination.
 (4) However, the Secretary may by written instrument revoke the determination if he or she is satisfied that it is incorrect. The determination ceases to be in force on a day specified in the instrument (which may be before the instrument is made).
 (5) Within 14 days after revoking the determination, the Secretary must give written notice of the revocation and the day the determination ceases being in force to:
 (a) the person; and
 (b) if the Secretary is aware that the person has given an approved provider a copy of the determination—the approved provider.
 (6) A determination made under subsection (1) is not a legislative instrument.

44‑9  Person taken not to be a supported resident, a concessional resident or an assisted resident if asset information not provided
  If:
 (a) a care recipient is provided with residential care through a residential care service at a particular time; and
 (b) at that time, the care recipient has not given to the approved provider conducting the residential care service sufficient information about the care recipient's assets for the approved provider to determine whether the care recipient is a *supported resident, an *assisted resident or a *concessional resident;
the person is taken, for the purposes of this Act, not to be a supported resident under subsection 44‑5B(1), a concessional resident under subsection 44‑7(1) or an assisted resident under subsection 44‑8(1) at that time.
Note: This section does not affect whether a person is a concessional resident under subsection 44‑7(1A) or an assisted resident under subsection 44‑8(1A).

44‑10  How to work out the value of a person's assets
 (1) Subject to this section, the value of a person's assets for the purposes of section 44‑5A, 44‑5B, 44‑7, 44‑8 or 44‑8AB is to be worked out in accordance with the Aged Care (Transitional Provisions) Principles.
 (1A) If a person who is receiving a *service pension, an *income support supplement or a *veteran payment has an income stream (within the meaning of the Veterans' Entitlements Act 1986) that was purchased on or after 20 September 2007, the value of the person's assets:
 (a) is taken to include the amount that the Secretary determines to be the value of that income stream that would be included in the value of the person's assets if Subdivision A of Division 11 of Part IIIB of the Veterans' Entitlements Act 1986 applied for the purposes of this Act; and
 (b) is taken to exclude the amount that the Secretary determines to be the value of that income stream that would not be included