Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p47
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 47/53)
Character Range: 456265–459051

the allocation (see Division 71); and
 (b) the allocation must comply with the terms of an invitation published under that Division (see section 72‑4);
except so far as the Secretary waives these requirements under section 72‑5.
 (4) A *residential care grant can only be allocated to an approved provider:
 (a) whose approval is in respect of *residential care; and
 (b) who holds an allocation of *places for *residential care subsidy under Part 2.2 (whether or not it is a *provisional allocation), being places that are, or are to be, included in the residential care service in respect of which the grant is payable; and
 (c) in relation to a residential care service that does not have, and no *distinct part of which has, *extra service status.

72‑4  Compliance with the invitation
  The allocation complies with the terms of the invitation if:
 (a) the sum of the amounts allocated as *residential care grants does not exceed the amount specified in the invitation as being available for allocation as residential care grants; and
 (b) the Secretary has considered all valid applications made in respect of the allocation, together with any further information given under section 71‑3 in relation to those applications; and
 (c) the allocation was made after the closing date specified in the invitation.

72‑5  Waiver of requirements
  The Secretary may waive:
 (a) the requirement under paragraph 72‑1(3)(a) that each approved provider who is allocated a *residential care grant must have made a valid application in respect of the allocation; or
 (b) that requirement and the requirement under paragraph 72‑1(3)(b) that the allocation must comply with the terms of an invitation published under Division 71;
if the Secretary is satisfied that:
 (c) the provision of residential care to care recipients is being seriously affected by the condition of the premises used for providing the care, being premises to which the residential care grant would relate; or
 (d) the premises used for providing care, being premises to which the residential care grant would relate, have been so damaged by a disaster that they are unsuitable for the provision of residential care; or
 (e) there is a high need for the provision of residential care that would not be met unless the residential care grant is allocated, and it would not be practicable to allocate the grant without the waiver; or
 (f) there are other exceptional circumstances for justifying the waiver.

72‑6  Notification of allocation
 (1) The Secretary must notify, in writing, each applicant to whom a *residential care grant has been allocated. The notice must be given within 14 days after the Secretary's decision under section 72‑1 is made.
 (2) The notice must specify:
 (a) the amount of the grant (see Division