280Hotelling contribution and non‑clinical care contribution taken to be zero in some circumstances

280  Hotelling contribution and non‑clinical care contribution taken to be zero in some circumstances

 (1) The hotelling contribution and non‑clinical care contribution for an individual is taken to be zero for each day on which either of the following applies:

 (a) a determination is in force under subsection (2) in relation to the individual;

 (b) the individual is included in a class of persons prescribed by the rules.

 (2) The System Governor may, in accordance with any requirements prescribed by the rules, determine that the hotelling contribution and non‑clinical care contribution for the individual is to be taken to be zero.

 (3) The determination ceases to be in force at the end of the period (if any) specified in the determination.

 (4) When deciding whether to make a determination under subsection (2), the System Governor must have regard to the matters prescribed by the rules.

 (5) Application may be made to the System Governor, in an approved form, for a determination under subsection (2) for an individual. The application may be made by:

 (a) the individual; or

 (b) a registered provider that is delivering, or is to deliver, ongoing funded aged care services through the service group residential care to the individual.

 (6) The System Governor must give written notice to the individual and the registered provider of the System Governor’s decision on whether to make the determination, within:

 (a) if an application for the determination was made under subsection (5)—28 days after the application was made, or, if the System Governor requested further information in relation to the application, within 28 days after receiving the information; or

 (b) if such an application was not made—28 days after the decision is made.

 (7) A determination under subsection (2) is not a legislative instrument.