Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 44.29

             (1)  The viability supplement for the care recipient in respect of the * payment period is the sum of all the viability supplements for the days during the period on which:

                     (a)  the care recipient was provided with residential care through the residential care service in question; and

                     (b)  the service was the subject of a determination under subsection (2).

             (2)  The Secretary may, in accordance with the Residential Care Subsidy Principles, make a determination by legislative instrument under this subsection in respect of a residential care service if satisfied that the determination should be made having regard to:

                     (a)  how small the service is, and the size of the population that it serves; and

                     (b)  the degree of isolation of the service's location; and

                     (c)  any other matters specified in the Residential Care Subsidy Principles.

Note:          Refusals to make determinations are reviewable under Part 6.1.

             (3)  The Secretary must not make a determination under subsection (2) in respect of a residential care service if the residential care service, or a * distinct part of the residential care service, has * extra service status.

             (4)  A person may apply to the Secretary, in the form approved by the Secretary, for a determination under subsection (2) in respect of a residential care service.

             (5)  If the Secretary needs further information to determine the application, the Secretary may give to the applicant a notice requesting the further information:

                     (a)  within the period specified in the notice; or

                     (b)  if no period is specified in the notice--within 28 days after receiving the notice.

             (6)  The application is taken to be withdrawn if the applicant does not give the further information within whichever of those periods applies. The notice must contain a statement setting out the effect of this subsection.

Note:          The period for giving the further information can be extended--see section 96-7.

             (7)  The Secretary must notify the person, in writing, of the Secretary's decision on whether to make the determination. The notice must be given:

                     (a)  if an application for a determination was made under subsection (4)--within 28 days after the application was made, or, if the Secretary requested further information under subsection (5), within 28 days after receiving the information; or

                     (b)  if such an application was not made--within 28 days after the decision is made.

             (8)  The viability 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.

             (9)  The Minister may determine different amounts or methods based upon:

                     (a)  the number of * places included in residential care services; and

                     (b)  the size of the population served by residential care services; and

                     (c)  the degree of isolation of residential care services; and

                     (d)  whether residential care services are, or could be, co-located with other residential care services; and

                     (e)  any other matters determined by the Minister by legislative instrument.