90Changing priority category for service group

90  Changing priority category for service group

 (1) The System Governor may change a decision under subsection 86(1) (the original decision) about an individual’s priority category for a classification type for a service group if the System Governor is satisfied that:

 (a) the assessment of the needs of the individual that was made for the purposes of the original decision was incorrect or inaccurate; or

 (b) there has been a change in circumstances that may affect whether the person meets the eligibility criteria for a higher priority category for the classification type for the service group; or

 (c) the original decision was, for any other reason, incorrect.

 (2) The original decision cannot be changed under this section in any other circumstances.

 (3) A decision under subsection (1) can be made:

 (a) on application by the individual, in the approved form; or

 (b) on the System Governor’s own initiative.

 (4) Before changing the original decision, the System Governor must review the decision, having regard to:

 (a) any material on which the original decision was based that the System Governor considers relevant; and

 (b) any matters prescribed by the rules as matters to which the System Governor must have regard; and

 (c) any other material or information that the System Governor considers relevant (including material or information that has become available since the original decision was made).

 (5) If the System Governor changes the original decision:

 (a) the change takes effect on the same day that the original decision took effect; and

 (b) the System Governor must notify the individual, in writing, of the change.

Note: In a situation where an individual’s circumstances and need for funded aged care services have changed significantly, the individual can apply for a reassessment of the individual’s need for aged care services under section 64.

Part 5—Place allocation

Division 1—Allocation of places to individuals

91  Number of places available for allocation

 (1) The Minister must, in writing, determine a method for a financial year, that may be used at any time during that year, for working out the following:

 (a) the number of places available at that time to be allocated to individuals for each service group;

 (b) how many of the places mentioned in paragraph (a) for a service group are for allocation for a particular classification type (other than hospital transition) for the service group;

 (c) how many of the places mentioned in paragraph (b) for a particular classification type for a service group are for allocation for a particular classification level in the classification type;