Document ID: chunk:federal_register_of_legislation:F2025C00076:reg:47
Version: federal_register_of_legislation:F2025C00076
Segment Type: reg
Provision Reference: reg 47
Character Range: 51036–53388

47  Matters to which Secretary must have regard in deciding whether to determine if daily income tested reduction is to be taken to be zero
 (1) For subsection 44‑22(4) of the Transitional Provisions Act, in deciding whether to determine that the daily income tested reduction in respect of a care recipient is to be taken to be zero, the Secretary must have regard to the following matters:
 (a) the care recipient's income;
 (b) the care recipient's financial arrangements;
 (c) the care recipient's entitlement to income support:
 (i) under the Social Security Act; or
 (ii) under the Veterans' Entitlements Act; or
 (iii) from any other source;
 (d) whether the care recipient has taken steps to obtain information about his or her entitlement to pension, benefit or other income support payments;
 (e) whether the care recipient has access to financial assistance:
 (i) under section 1129 of the Social Security Act (relating to access to financial hardship rules for pensions); or
 (ii) under the pension loans scheme under Division 4 of Part 3.12 of the Social Security Act; or
 (iii) from any other source;
 (f) whether any income of the care recipient is income that the care recipient does not reasonably have access to;
 (g) whether there is a charge on the care recipient's income over which the payment of resident fees cannot practically take precedence;
 (h) whether the care recipient has significant assets;
 (i) if the care recipient has significant assets—whether any assets of the care recipient are unrealisable assets;
 (j) whether the care recipient is in Australia on a temporary basis.
Note: Unrealisable asset is defined in section 4.
 (2) The Secretary may have regard to any other matters the Secretary considers relevant.
 (3) To enable the Secretary to have regard to the matters referred to in paragraph (1)(c) or (d), the Secretary may:
 (a) require the care recipient to seek information from the relevant Department about his or her entitlement to a benefit, income support payment or other assistance, and give the Secretary copies of written replies from the Department; or
 (b) advise the care recipient to seek advice about his or her financial arrangements from the Financial Information Service established by Centrelink.

Subdivision B—Daily income test reduction—amounts excluded from total assessable income