317Varying individual contribution rate determination following certain decisions, actions, operation of laws or programs or information

317 Varying individual contribution rate determination following certain decisions, actions, operation of laws or programs or information

(1) This section applies if: (a) an individual contribution rate determination is in force for an individual; and (b) the determination is no longer correct: (i) because of a decision made under, an administrative action taken under, or the operation of, the social security law (within the meaning of the Social Security Act 1991), a centrelink program or a law or program prescribed by the rules; or (ii) on the basis of information referred to in subsection (1A); and (c) any requirements prescribed by the rules are met.

Note: For centrelink program, see section 40 of the Human Services (Centrelink) Act 1997.

(1A) For the purposes of subparagraph (1)(b)(ii), the information is information: (a) obtained under or for the purposes of a law or program referred to in subparagraph (1)(b)(i); and (b) that is held by the System Governor, the Chief Executive Centrelink or the Chief Executive Medicare. (2) The System Governor must, within the period (if any) prescribed by the rules, vary the determination. Effect of decision—increase in individual contribution rate (4) Subject to subsection (5), if: (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and (b) on the day the variation is made, the individual has the classification type ongoing for the service group home support in effect; the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the day after the end of the quarter in which the variation is made. (4A) Subject to subsection (5), if: (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and (b) on the day the variation is made, the individual has the classification type ongoing for the service group assistive technology in effect; the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next anniversary of the entry day for the individual for the classification type for the service group. (4B) Subject to subsection (5), if: (a) the variation results in an increase to the individual contribution rate for an individual for a means testing category; and (b) on the day the variation is made, the individual has the classification type short‑term for the service group home support, assistive technology or home modifications in effect; the variation takes effect, for a funded aged care service in the category delivered to the individual through the service group, at the start of the next period of effect (if any) of a classification level for the classification type for the service group. Effect of decision—decrease in individual contribution rate (4C) Subject to subsection (5), if the variation results in a decrease to the individual contribution rate for an individual for a means testing category, the variation takes effect for a funded aged care service in the category on the day of the occurrence of the event or change in circumstances: (a) that resulted in the decision, action or operation referred to in subparagraph (1)(b)(i) being made, taken or occurring; or (b) to which the information referred to in subparagraph (1)(b)(ii) relates; (as applicable). Effect of decision—rules (5) The rules may prescribe that, in specified circumstances, the variation takes effect on a specified day, which must not be earlier than the day of the occurrence of the event or change in circumstances: (a) that resulted in the decision, action or operation referred to in subparagraph (1)(b)(i) being made, taken or occurring; or (b) to which the information referred to in subparagraph (1)(b)(ii) relates; (as applicable).