Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may reclassify a care recipient under section 29C - 2 for * respite care or * non - respite care if the care recipient, or an approved provider that is providing that kind of care to the care recipient, requests that the Secretary reclassify the care recipient.
Note: A decision not to reclassify a care recipient is reviewable under Part 6.1.
(1A) The request must:
(a) if made by the approved provider--be made in writing; and
(b) if made by the care recipient--be made orally or in writing; and
(c) be accompanied by the application fee (if any) specified in, or worked out in accordance with, the Classification Principles.
(1B) The amount of the fee must not be such as to amount to taxation.
(2) The Secretary must not reclassify the care recipient unless the Secretary is satisfied that the care needs of the care recipient have changed significantly.
Note: The Secretary may assess the care needs of the care recipient for the purposes of deciding whether to reclassify the care recipient--see paragraph 29C - 3(1)(b).
(3) For the purposes of subsection (2), the Classification Principles may specify the circumstances in which the care needs of the care recipient are taken to have changed significantly.
(4) If the Secretary decides not to reclassify the care recipient, the Secretary must notify the care recipient and the approved provider of the decision in writing.
Note: For notice requirements if the Secretary decides to reclassify the care recipient, see subsection 29C - 2(5).