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Aged Care (Living Longer Living Better) Act 2013
44‑26C Determination of value of person’44‑26C Determination of value of person’s assets
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#### 44‑26C Determination of value of person’s assets
Making determinations
(1) The Secretary must determine the value, at the time specified in the determination, of a person’s assets in accordance with section 44‑26A, if the person:
(a) applies in the approved form for the determination; and
(b) gives the Secretary sufficient information to make the determination.
The time specified must be at or before the determination is made.
> Note 1: Determinations are reviewable under Part 6.1.
> Note 2: An application can be made under this section for the purposes of section 52J‑5: see subsection 52J‑5(3).
Giving notice of the determination
(2) Within 14 days after making the determination, the Secretary must give the person a copy of the determination.
When the determination is in force
(3) The determination is in force for the period specified in, or worked out under, the determination.
(4) However, the Secretary may by written instrument revoke the determination if he or she is satisfied that it is incorrect. The determination ceases to be in force on a day specified in the instrument (which may be before the instrument is made).
> Note: Revocations of determinations are reviewable under Part 6.1.
(5) Within 14 days after revoking the determination, the Secretary must give written notice of the revocation and the day the determination ceases being in force to:
(a) the person; and
(b) if the Secretary is aware that the person has given an approved provider a copy of the determination—the approved provider.
(6) A determination made under subsection (1) is not a legislative instrument.
119 Section 44‑27
Before “The other”, insert “(1)”.
120 Section 44‑27
Omit “step 5”, substitute “step 4”.
121 Paragraph 44‑27(a)
Omit “pensioner”, substitute “accommodation”.
122 Paragraphs 44‑27(b) to (e)
Repeal the paragraphs, substitute:
(b) the hardship supplement (see section 44‑30);
(c) any other supplement set out in the Subsidy Principles for the purposes of this paragraph.
123 Section 44‑27 (note)
Repeal the note.
124 At the end of section 44‑27 (before the note)
Add:
(2) The Subsidy Principles may specify, in respect of each other supplement set out for the purposes of paragraph (1)(c), the circumstances in which the supplement will apply to a care recipient in respect of a \*payment period.
(3) The Minister may determine by legislative instrument, in respect of each such supplement, the amount of the supplement, or the way in which the amount of the supplement is to be worked out.
125 Section 44‑28
Repeal the section, substitute: