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AGED CARE ACT 1997 - SECT 52K.1

Determining cases of financial hardship

             (1)  The Secretary may, in accordance with the Fees and Payments Principles, determine that a person must not be charged an * accommodation payment or * accommodation contribution more than the amount specified in the determination 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)  In deciding whether to make a determination under this section, and in determining the specified amount, the Secretary must have regard to the matters (if any) specified in the Fees and Payments Principles. The specified amount may be nil.

             (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 this section. The application may be made by:

                     (a)  a person who is liable to pay an * accommodation payment or * accommodation contribution; or

                     (b)  the approved provider to whom an accommodation payment or accommodation contribution is payable.

             (5)  If the Secretary needs further information to determine the application, the Secretary may give to the applicant a notice requesting 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.

             (6)  The application is taken to have been withdrawn if the information is not given within whichever of those periods applies.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.

             (7)  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.

             (8)  If the Secretary makes the determination, the notice must set out:

                     (a)  any period at the end of which; or

                     (b)  any event on the occurrence of which;

the determination will cease to be in force.

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



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