Document ID: chunk:federal_register_of_legislation:C2016C00170:clause:3_110:p1
Version: federal_register_of_legislation:C2016C00170
Segment Type: clause
Provision Reference: sch 3 cl 110 (pt 1/4)
Character Range: 68704–71578

110  Sections 44‑21 to 44‑23
Repeal the sections, substitute:

44‑20A  Secretary's powers if compensation information is not given
 (1) This section applies if:
 (a) the Secretary believes on reasonable grounds that a care recipient is entitled to compensation under a judgement, settlement or reimbursement arrangement; and
 (b) the Secretary does not have sufficient information to apply section 44‑20 in relation to the compensation.
 (2) The Secretary may, by notice in writing given to a person, require the person to give information or produce a document that is in the person's custody, or under the person's control, if the Secretary believes on reasonable grounds that the information or document may be relevant to the application of section 44‑20 in relation to the compensation.
 (3) The notice must specify:
 (a) how the person is to give the information or produce the document; and
 (b) the period within which the person is to give the information or produce the document; and
 (c) the effect of subsection (4).
Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with service of documents) apply to notice given under this section.
 (4) If the information or document is not given or produced within the specified period, the Secretary may determine compensation payment reductions for the care recipient.
Note: Decisions to determine compensation payment reductions under this section are reviewable under Part 6.1.
 (5) The compensation payment reductions must be determined in accordance with the Subsidy Principles.

44‑21  The care subsidy reduction
 (1) The care subsidy reduction for the care recipient in respect of the *payment period is the sum of all the care subsidy reductions for days during the period on which the care recipient is provided with residential care through the residential care service in question.
 (2) Subject to this section and section 44‑23, the care subsidy reduction for a particular day is worked out as follows:

      Care subsidy reduction calculator
           Step 1. Work out the means tested amount for the care recipient (see section 44‑22).
           Step 2. Subtract the maximum accommodation supplement amount for the day (see subsection (6)) from the means tested amount.
           Step 3. If the amount worked out under step 2 does not exceed zero, the care subsidy reduction is zero.
           Step 4. If the amount worked out under step 2 exceeds zero but not the sum of the following, the care subsidy reduction is the amount worked out under step 2:

                (a) the basic subsidy amount for the care recipient;
                (b) all primary supplement amounts for the care recipient.

           Step 5. If the amount worked out under step 2 exceeds the sum of the following, the care subsidy reduction is that sum:

                (a) the basic subsidy amount