11Circumstances in which the transitional workforce supplement ceases to apply

11 Circumstances in which the transitional workforce supplement ceases to apply

(1) The transitional workforce supplement ceases to apply to a care recipient in respect of a day if: (a) the Secretary decides that the approved provider is no longer eligible for the transitional workforce supplement; or (b) the approved provider requests, in writing, the Secretary to cease payment of the transitional workforce supplement. (2) Before deciding under paragraph (1)(a) that the approved provider is no longer eligible for the transitional workforce supplement, the Secretary must notify the approved provider that it is being considered. The notice must: (a) be in writing; and (b) invite the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and (c) inform the approved provider that, if no submissions are made within the period, the Secretary will make a decision under paragraph (1)(a) on the day after the last day for making submissions. (3) In deciding whether to make a decision under paragraph (1)(a) that the approved provider is no longer eligible for the transitional workforce supplement, the Secretary must: (a) consider any submissions made within the period mentioned in paragraph (2)(b); and (b) have regard to the eligibility criteria specified in the Aged Care Transitional Workforce Supplement Guidelines. (4) The Secretary must notify, in writing, the approved provider of the decision and the date of effect of the decision. (5) The notice must be given to the approved provider within 28 days after the end of the period for making submissions. If the notice is not given within that period, the Secretary is taken to have decided not to make a decision under paragraph (1)(a) that the approved provider is no longer eligible for the transitional workforce supplement.