21Responsible person for a participating person

21 Responsible person for a participating person

(1) The Secretary may approve an individual to represent an assisted person or a minor: (a) as an authorised representative to act for the person; or (b) as an authorised payment recipient to receive payments as agent of the person; or (c) as both (a) and (b). (2) However, the Secretary must not approve an individual unless the Secretary is satisfied that: (a) if the assisted person has a legal representative, or representation by a person referred to in paragraph 18(2)(a) or (b) or 20(1)(a) or (b)—the representative does not oppose the approval; and (b) the individual provides care or assistance to the person; and (c) the arrangement for the receipt of CAPS payments is for the benefit of the person; and (d) the individual seeking approval will use the funds only for the purpose for which they are provided. (3) The Secretary may revoke an approval if satisfied that it is appropriate to do so in the circumstances, having regard to the matters mentioned in this section.

Note: Section 26 of this Instrument provides that if the Secretary makes a decision under subsection (1) or (3), he or she must give the participating person and the individual a signed notice that includes the reasons for the decision and advising that the person may apply to the Secretary for a review of the decision.