Commonwealth Consolidated Acts

AGED CARE (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 44.23

  (1)   If the care recipient fails to give to the Secretary information, within the time specified in a notice under subsection   44 - 24(8), that the Secretary requests for the purpose of determining the care recipient's * total assessable income under section   44 - 24, the * daily income tested reduction in respect of the care recipient, for each day during the period:

  (a)   starting on the day on which the care recipient failed to give the information; and

  (b)   finishing at the end of the day before the day on which the care recipient gives to the Secretary the information requested;

is the amount worked out under subsection   (4) of this section.

  (2)   If the care recipient elects, by a written notice given to the Secretary, not to give any information to the Secretary for the purpose of determining the care recipient's * total assessable income under section   44 - 24, the * daily income tested reduction in respect of the care recipient, for each day during the period:

  (a)   starting on the day on which the care recipient made the election; and

  (b)   finishing at the end of, the day before the day on which the care recipient gives to the Secretary a written notice revoking the election;

is the amount worked out under subsection   (4) of this section.

  (3)   The Secretary must not, while the election is in force, request the care recipient to give information for the purpose of determining the care recipient's * total assessable income under section   44 - 24.

  (4)   For the purpose of subsections   (1) and (2), the * daily income tested reduction in respect of the care recipient is whichever is the lesser of the following amounts (rounded down to the nearest cent):

  (a)   the amount equal to 135% of the * basic age pension amount for that day (worked out on a per day basis);

  (b)   the subsidy related amount worked out under subsection   44 - 21(4) for the care recipient for that day.

Note:   Care recipients are not obliged to give information to the Secretary. However, if they do not, the amount of residential care subsidy paid for their care may be reduced, and the amount of resident fees that they are liable to pay may therefore increase (see Division   58).