Commonwealth Consolidated Acts

AGED CARE (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 44.8AA

Making determinations

  (1)   The Secretary may make a determination (the resident status determination ) described in section   44 - 7 or 44 - 8 if:

  (a)   the person mentioned in that section has applied, in a form approved by the Secretary, for the resident status determination; and

  (b)   the Secretary has made a determination (the asset value determination ) under section   44 - 8AB of the value of the person's assets at the time that is specified in the resident status determination; and

  (c)   the Secretary is satisfied of the matters relating to the person that are to be set out in the resident status determination.

Note:   The time specified in a determination covered by subsection   44 - 7(1C) or 44 - 8(1C) is the applicable time under subsection   44 - 7(2) or 44 - 8(2).

Giving notice of decision on resident status determination

  (2)   Within 14 days after deciding whether or not to grant the application, the Secretary must notify the person in writing of:

  (a)   the decision; and

  (b)   if the Secretary made the resident status determination--the content of the determination.

When the resident status determination comes into force

  (3)   The resident status determination comes into force on the day it is made or an earlier day stated in the determination to be the day on which the determination comes into force.

When the resident status determination ceases to be in force

  (5)   The resident status determination ceases to be in force when the asset value determination ceases to be in force, if:

  (a)   the person was not being provided with residential care (other than * respite care) through a residential care service when the resident status determination came into force; and

  (b)   the person has not been provided with such care between:

  (i)   the time the resident status determination came into force; and

  (ii)   the time the asset value determination ceases to be in force.

Note:   Subsections   44 - 8AB(3) and (4) explain how to work out when the asset value determination ceases to be in force.

  (6)   The Secretary may by written instrument revoke the resident status determination if he or she ceases to be satisfied of any of the matters relating to the person that are set out in the determination. The determination ceases to be in force on a day specified in the instrument (which may be before the instrument is made).

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

  (a)   the person; and

  (b)   each approved provider (if any) who has provided the person with residential care (other than * respite care) through a residential care service since the determination ceased to be in force.

  (8)   A resident status determination made under subsection   (1) is not a legislative instrument.