Document ID: chunk:federal_register_of_legislation:F2016L01493:reg:5
Version: federal_register_of_legislation:F2016L01493
Segment Type: reg
Provision Reference: reg 5
Character Range: 2274–3505

5  Matters to be considered in deciding to make or vary a determination

Making a determination
 (1) If:
 (a) the approval of a person as a recipient of home care is limited under section 22‑2 of the Act to one or more levels of care; and
 (b) the first day (the relevant limitation day) the approval was limited under that section to a level of care that is the same as or higher than the level of care proposed to be determined under paragraph 23B‑1(1)(b) of the Act is a later day than the day the person was approved as a recipient of home care;
the relevant limitation day is specified for the purposes of subparagraph 23B‑1(4)(a)(ii) of the Act.

Varying a determination
 (2) If:
 (a) the approval of a person as a recipient of home care is limited under section 22‑2 of the Act to one or more levels of care; and
 (b) the first day (the relevant limitation day) the approval was limited under that section to a level of care that is the same as or higher than the level of care as proposed to be varied under subsection 23B‑2(1) of the Act is a later day than the day the person was approved as a recipient of home care;
the relevant limitation day is specified for the purposes of subparagraph 23B‑2(4)(a)(ii) of the Act.