Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 44.26C

Making determinations

  (1)   The Secretary must determine the value, at the time specified in the determination, of a person's assets in accordance with section   44 - 26A, if the person:

  (a)   applies in the approved form for the determination; and

  (b)   gives the Secretary sufficient information to make the determination.

The time specified must be at or before the determination is made.

Note 1:   Determinations are reviewable under Part   6.1.

Note 2:   An application can be made under this section for the purposes of section   52J - 5: see subsection   52J - 5(3).

Giving notice of the determination

  (2)   Within 14 days after making the determination, the Secretary must give the person a copy of the determination.

When the determination is in force

  (3)   The determination is in force for the period specified in, or worked out under, the determination.

  (4)   However, the Secretary may by written instrument revoke the determination if he or she is satisfied that it is incorrect. The determination ceases to be in force on a day specified in the instrument (which may be before the instrument is made).

Note:   Revocations of determinations are reviewable under Part   6.1.

  (5)   Within 14 days after revoking the determination, the Secretary must give written notice of the revocation and the day the determination ceases being in force to:

  (a)   the person; and

  (b)   if the Secretary is aware that the person has given an approved provider a copy of the determination--the approved provider.

  (6)   A determination made under subsection   (1) is not a legislative instrument.