Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 43.4A

Variations of claims for residential care subsidy

             (1)  An approved provider may vary the claim made in respect of a * payment period within:

                     (a)  2 years after the end of the payment period; or

                     (b)  such longer period as is determined in respect of the claim by the Secretary.

             (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.



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