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AGED CARE (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 43.4A

Variations of claims for residential care subsidy

  (1)   An approved provider may vary the claim made in respect of a * payment period within:

  (a)   2 years after the end of the payment period; or

  (b)   such longer period as is determined in respect of the claim by the Secretary.

  (2)   In determining a longer period for the 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.



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