Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An approved provider may vary the claim made in respect of a * payment period within:
(a) either:
(i) the period specified in the Aged Care (Transitional Provisions) Principles; or
(ii) if no such period is specified--2 years after the end of that payment period; or
(b) such longer period as is determined in respect of the claim by the Secretary.
(1A) Without limiting subparagraph (1)(a)(i), the Aged Care (Transitional Provisions) Principles may specify different periods in respect of different classes of variations.
(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.