Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may determine, in accordance with the Aged Care (Transitional Provisions) Principles, that a person:
(a) must not be charged an * accommodation charge because payment of an accommodation charge would cause the person financial hardship; or
(b) must not be charged an accommodation charge of more than a specified maximum daily amount because payment of more than that amount would cause the person financial hardship.
Note: Refusals to make determinations are reviewable under Part 6.1.
(2) Without limiting the circumstances that constitute financial hardship for the purposes of this section, such circumstances include any circumstances specified in the Aged Care (Transitional Provisions) Principles.
(3) The determination ceases to be in force at the end of a specified period or on the occurrence of a specified event, if the determination so provides.
Note: Decisions to specify periods or events are reviewable under Part 6.1.
(4) Application may be made to the Secretary, in the form approved by the Secretary, for a determination under subsection (1) that payment of an * accommodation charge, or an accommodation charge of more than a specified maximum daily amount, would cause the person financial hardship. The application may be made by:
(a) the person; or
(b) an approved provider to which the accommodation charge, or a larger accommodation charge, would otherwise be paid.
(5) If the Secretary needs further information to determine the application, the Secretary may give to the applicant a notice requiring the applicant to give the further information:
(a) within 28 days after receiving the notice; or
(b) within such other period as is specified in the notice.
The application is taken to have been withdrawn if the information is not given within whichever of those periods applies. The notice must contain a statement setting out the effect of this subsection.
Note: The period for giving the further information can be extended--see section 96 - 7.
(6) The Secretary must notify the person and the approved provider, in writing, of the Secretary's decision on whether to make the determination. The notice must be given:
(a) within 28 days after receiving the application; or
(b) if the Secretary has requested further information under subsection (5)--within 28 days after receiving the information.
(7) If the Secretary makes the determination, the notice must:
(a) set out any period at the end of which, or any event on the occurrence of which, the determination will cease to be in force; and
(b) if the determination is that a person must not be charged an * accommodation charge of more than a specified maximum daily amount--specify the maximum daily amount of the accommodation charge.