Document ID: chunk:federal_register_of_legislation:C2025C00122:section:7:p31
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 7 (pt 31/61)
Character Range: 257915–260650

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 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 or not the payments were made to that approved provider; and
 (c) the payments have not been repaid to the Commonwealth.
The capital repayment deductions are applied in accordance with an agreement entered into under this section.
 (2) The Secretary may, on behalf of the Commonwealth, enter into an agreement with the approved provider, under which:
 (a) amounts equal to the capital payments made in respect of the service are to be deducted from amounts of *residential care subsidy otherwise payable to the approved provider in respect of the service; and
 (b) so far as amounts are so deducted, the approved provider ceases to be liable to the Commonwealth for repayment in respect of the capital payments.
Note: Entering into such an agreement may be a condition of the granting of *extra service status (see paragraph 32‑8(5)(b)).
 (3) However, only a proportion of the amounts equal to the capital payments made in respect of the service are to be deducted under the agreement if:
 (a) *extra service status is granted only in respect of a *distinct part of the service; or
 (b) some or all of the capital payments were made more than 5 years before the first of the deductions is to be made; or
 (c) the circumstances (if any) specified in the Subsidy Principles