Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The oxygen supplement for the care recipient in respect of the * payment period is the sum of all the oxygen supplements for the days during the period on which:
(a) the care recipient was provided with residential care through the residential care service in question; and
(b) a determination was in force under subsection (2) in relation to the care recipient; and
(c) the residential care provided through the residential care service included administering oxygen to the care recipient in circumstances of a kind specified in the Aged Care (Transitional Provisions) Principles.
(2) The Secretary may determine that a care recipient is eligible for an oxygen supplement.
Note: Refusals to make determinations are reviewable under Part 6.1.
(2A) A determination made under subsection (2) is not a legislative instrument.
(3) In deciding whether to make a determination, the Secretary must comply with any requirements, and have regard to any matters, specified in the Aged Care (Transitional Provisions) Principles.
(4) An approved provider that is providing, or is to provide, residential care to a care recipient may apply to the Secretary, in the form approved by the Secretary, for a determination under subsection (2) in respect of the care recipient.
(5) The Secretary must notify the applicant, in writing, of the Secretary's decision on whether to make the determination. The notice must be given within 28 days after the decision is made.
(6) The oxygen supplement for a particular day is the amount:
(a) determined by the Minister by legislative instrument; or
(b) worked out in accordance with a method determined by the Minister by legislative instrument.
(7) The Minister may determine different amounts (including nil amounts) or methods based on any matters determined by the Minister by legislative instrument.