Aged Care and Other Legislation Amendment Act 2025 (45 of 2025)

Schedule 1   Amendment of the Aged Care Act 2024

Part 1   Amendments commencing immediately after the commencement of the Aged Care Act 2024

Aged Care Act 2024

225   After section 318

Insert:

318A Revoking an incorrect individual contribution rate determination

(1) This section applies if:

(a) an individual contribution rate determination is in force for an individual; and

(b) the System Governor is satisfied that the determination is no longer correct; and

(c) any requirements prescribed by the rules are met.

(2) The System Governor may, within the period prescribed by the rules, decide to revoke the determination and make a new individual contribution rate determination for the individual.

System Governor may request further information

(3) The System Governor may, by written notice, request the individual to give the System Governor further information, within the period specified in the notice (which must not be less than 28 days after giving the notice), to assist the System Governor to make the decision.

Note: The individual is not obliged to give the information.

(4) The System-Governor may, at the request of the individual, extend the specified period.

Effect of decision

(5) Subject to subsection (6), the new determination takes effect:

(a) if the new determination results in an increase to the individual contribution rate - at the start of the day after the end of the quarter in which it is made; or

(b) if the new determination results in a decrease to the individual contribution rate - at the start of the day on which it is made.

(6) The rules may prescribe that, in specified circumstances, the new determination takes effect on a specified day (which must not be earlier than the day the System Governor is satisfied as mentioned in paragraph (1)(b)).