Aged Care (Consequential and Transitional Provisions) (Aged Care System Modification) Rules 2025
334‑1 Varying or revoking asset determin334‑1 Varying or revoking asset determination following notification of event or change in circumstances by registered provider—circumstances in which section 334 of the Act does not apply
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334‑1 Varying or revoking asset determination following notification of event or change in circumstances by registered provider—circumstances in which section 334 of the Act does not apply
(1) For the purposes of paragraph 334(1A)(e) of the Act, the circumstances are that: (a) the event or change in circumstances of which the registered provider notified the System Governor under section 337 of the Act is: (i) the payment of a refundable deposit by the individual; or (ii) a change in the individual’s refundable deposit balance; and (b) subsection (2) of this section applies to the individual. (2) This subsection applies to the individual if: (a) the difference between the following is less than $10,000: (i) the amount of the individual’s refundable deposit balance included in the notice of the asset determination in force for the individual (see subsection 329(8) of the Act) or the most recent notice (if any) of a decision to vary the asset determination (see subsection 335(1) of the Act)); (ii) the amount of the individual’s refundable deposit balance of which the registered provider notified the System Governor under section 337 of the Act; or (b) the individual has means not disclosed status; or (c) on a day on or after the day the registered provider made the notification: (i) the individual’s means tested care fee is zero under section 285A‑14 of this instrument; or (ii) the non‑clinical care contribution for the individual is zero under subsection 279(5) of the Act; or (d) the individual has died; or (e) the individual has ceased accessing funded aged care services in an approved residential care home, without starting to access funded aged care services in another approved residential care home; or (f) the System Governor has given the individual an initial notice under subsection 334(1) of the Act in relation to another event or a change in the individual’s circumstances and has not yet made a decision required by subsection 334(6) of the Act in relation to that event or change in circumstances.