44‑28 The accommodation supplement44‑28 The accommodation supplement

#### 44‑28 The accommodation supplement (1) The accommodation supplement for the care recipient in respect of the \*payment period is the sum of all the accommodation supplements for the days during the period on which: (a) the care recipient was provided with residential care (other than \*respite care) through the \*residential care service in question; and (b) the care recipient was eligible for accommodation supplement. (2) The care recipient is eligible for \*accommodation supplement on a particular day if: (a) on that day: (i) the care recipient’s \*classification level is not the lowest applicable classification level; and (ii) the residential care service is \*certified; and (iii) the residential care provided to the care recipient is not provided on an extra service basis; and (b) on the day (the entry day) on which the care recipient entered the residential care service, the care recipient’s means tested amount was less than the maximum accommodation supplement amount for the entry day. (3) The care recipient is also eligible for \*accommodation supplement on a particular day if, on that day, a \*financial hardship determination under section 52K‑1 is in force for the person. (4) The \*accommodation supplement for a particular day is the amount: (a) determined by the Minister by legislative instrument; or (b) worked out in accordance with a method determined by the Minister by legislative instrument. (5) The Minister may determine different amounts (including nil amounts) or methods based on any one or more of the following: (a) the income of a care recipient; (b) the value of assets held by a care recipient; (c) the status of the building in which the residential care service is provided; (d) any other matter specified in the Subsidy Principles. 126 Section 44‑29 Repeal the section. 127 Subsection 44‑30(2) Omit “Subject to subsection (4), the”, substitute “The”. 128 Paragraph 44‑30(2)(a) Omit “Residential Care”. 129 Paragraph 44‑30(2)(a) Omit “the maximum daily amount of resident fees worked out under section 58‑2”, substitute “a daily amount of resident fees of more than the amount specified in the Principles”. 130 At the end of subsection 44‑30(2) Add: The specified amount may be nil. 131 Subsection 44‑30(3) Omit “Subject to subsection (4), the”, substitute “The”. 132 Subsection 44‑30(4) Repeal the subsection. 133 Subsections 44‑31(1) and (2) Repeal the subsections, substitute: (1) The Secretary may, in accordance with the Subsidy Principles, determine that the care recipient is eligible for a hardship supplement if the Secretary is satisfied that paying a daily amount of resident fees of more than the amount specified in the determination would cause the care recipient financial hardship. > Note: Refusals to make determinations are reviewable under Part 6.1. (2) In deciding whether to make a determination under this section, and in determining the specified amount, the Secretary must have regard to the matters (if any) specified in the Subsidy Principles. The specified amount may be nil. 134 Section 44‑32 Repeal the section, substitute: