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AGED CARE ACT 1997 - SECT 23B.1

Determination that a person is a prioritised home care recipient

             (1)  The Secretary may, by written notice given to a person who is approved under Part 2.3 as a recipient of home care, determine:

                     (a)  that the person is a * prioritised home care recipient; and

                     (b)  the person's level of care as a prioritised home care recipient.

Note:          The determined level of care may affect any amount of * home care subsidy payable in respect of the person: see paragraph 48-2(3)(a).

             (2)  If the approval of the person as a recipient of home care is limited under subsection 22-2(3) to one or more levels of care, the level of care determined under paragraph (1)(b) of this section may be different from, but must not be higher than, the highest level of care in relation to which the approval is limited under subsection 22-2(3).

             (3)  The determination takes effect on the day the determination is made.

             (4)  In deciding whether to make a determination under subsection (1) in relation to a person, the Secretary must consider the following:

                     (a)  the period of time since:

                              (i)  the day the person was approved under Part 2.3 as a recipient of home care; or

                             (ii)  if the Prioritised Home Care Recipients Principles specify a later day--that day;

                     (b)  the person's priority for home care services determined under section 22-2A;

                     (c)  any other matters specified in the Prioritised Home Care Recipients Principles.

             (5)  In deciding whether to make a determination under subsection (1) in relation to a person, the Secretary may also consider whether there are exceptional circumstances that justify making the determination.

             (6)  A determination under subsection (1) not a legislative instrument.



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