Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p10
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 10/50)
Character Range: 34411–37140

subsidy is not payable for March if the Secretary has not been given a claim for January of the same year (assuming the *payment periods are all calendar months—see section 43‑2).
 (3) Subsection (2) does not apply to the first *payment period or the second payment period for a residential care service.
 (4) If all the places in a residential care service are transferred from one person to another, subsection (2) does not apply to the first 2 *payment periods for the residential care service that occur after the transfer took effect.
 (5) If:
 (a) apart from this subsection, the operation of paragraph (1)(c) would result in the acquisition of property from a person otherwise than on just terms; and
 (b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.

43‑4A  Variations of claims for residential care subsidy
 (1) An approved provider may vary the claim made in respect of a *payment period within:
 (a) 2 years after the end of the payment period; or
 (b) such longer period as is determined in respect of the claim by the Secretary.
 (2) In determining a longer period for the purposes of paragraph (1)(b), the Secretary must be satisfied that a variation is required:
 (a) due to an administrative error made by the Commonwealth or an agent of the Commonwealth; or
 (b) because the Commonwealth or an agent of the Commonwealth considers that the circumstances of a care recipient are different from those on the basis of which subsidy was claimed.
Note: Determinations of periods under paragraph (1)(b) are reviewable under Part 6.1.
 (3) A determination made under paragraph (1)(b) is not a legislative instrument.

43‑5  Deductions for fees
  The Secretary may, on behalf of the Commonwealth, enter into an agreement with an approved provider, under which:
 (a) amounts equal to the fees payable by the approved provider for applications made under this Act are to be deducted from amounts of *residential care subsidy otherwise payable to the approved provider in respect of the residential care service specified in the agreement; and
 (b) so far as amounts are so deducted, the approved provider ceases to be liable to the Commonwealth for payment of the fees.

43‑6  Capital repayment deductions
 (1) Capital repayment deductions apply in respect of a residential care service if:
 (a) the approved provider is granted *extra service status under Division 32 of the Aged Care Act 1997 in respect of the service, or in respect of a *distinct part of the service; and
 (b) the Commonwealth has previously made capital payments in respect of the service, whether