Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 23B.2

Variation of level of care in relation to which a person is a prioritised home care recipient

             (1)  The Secretary may, by written notice given to a person who is a * prioritised home care recipient, vary the determination made under subsection 23B-1(1) in relation to the person to increase the person's level of care as a prioritised home care recipient.

             (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 as varied under subsection (1) 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 variation takes effect on the day the variation is made.

             (4)  Before deciding to vary a determination under subsection (1), 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)  Before deciding to vary a determination under subsection (1), the Secretary may also consider whether there are exceptional circumstances that justify varying the determination.



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