Aged Care (Consequential and Transitional Provisions) (Aged Care System Modification) Rules 2025
325AVarying income determination following certain decisions, actions, operation of laws or programs or information
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325A Varying income determination following certain decisions, actions, operation of laws or programs or information
(1) This section applies if: (a) an income 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, a law or program referred to in subparagraph 317(1)(b)(i); or (ii) on the basis of information referred to in subsection 317(1A); and (c) any requirements prescribed by the rules are met. (2) The System Governor must, within the period (if any) prescribed by the rules, vary the determination.
11 Subsection 331(2)
Repeal the subsection, substitute:
(1A) The asset determination may be varied or revoked on the application of the individual (see section 333). (2) The asset determination may be varied or revoked in accordance with a decision required by section 334 (decisions required in certain circumstances if the System Governor has been notified of the occurrence of an event or a change in the individual’s circumstances under section 337).
12 Subsection 331(2A)
Omit “Subdivision D”, substitute “section 336”.
13 After subsection 331(2A)
Insert:
(2B) The asset determination must be varied following the making of certain decisions, the taking of certain actions, the operation of certain laws or programs or on the basis of certain information (see section 332A).
14 Section 332 (heading)
After “circumstances”, insert “by individual”.
15 Subsection 332(1)
Omit “Subdivision D”, substitute “section 336”.
16 After section 332
Insert: