Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 15.7

             (1)  The provisional allocation period is the period of 2 years after the day on which the allocation is made.

             (2)  However, the * provisional allocation period:

                     (a)  may be extended; and

                     (b)  if an application under section 15‑3 is pending at the end of the 2 years, or the 2 years as so extended--continues until the Secretary makes a determination under section 15‑1 or rejects the application.

             (3)  The Secretary must extend the * provisional allocation period if:

                     (a)  the person applies to the Secretary, in accordance with subsection (4), for an extension; and

                     (b)  the person has not already been granted an extension; and

                     (c)  the Secretary is satisfied that the extension is justified in the circumstances; and

                     (d)  the Secretary is satisfied that granting the extension meets any requirements specified in the Allocation Principles.

             (4)  The application:

                     (a)  must be in the form approved by the Secretary; and

                     (b)  must be made at least 60 days, or such lesser number of days as the Secretary allows, before what would be the end of the * provisional allocation period if it were not extended.

             (5)  The Secretary must, within 28 days after receiving an application for an extension:

                     (a)  grant an extension; or

                     (b)  reject the application;

and, within that period, notify the person accordingly.

Note:          Extending provisional allocation periods and rejections of applications for extensions are reviewable under Part 6.1.

             (6)   The period of the extension is 12 months unless the Secretary is satisfied that the applicant meets the criteria in the Allocation Principles for increasing or decreasing the period of the extension. The Secretary must specify the period of the extension in the notice of the granting of the extension.

             (7)  The following are examples of the matters with which the Allocation Principles may deal:

                     (a)  the extent to which the person has made reasonable progress towards being in a position to provide the care for which subsidy may be paid under Chapter 3;

                     (b)  circumstances in which delays in being in a position to provide that care are justified;

                     (c)  circumstances in which the period of the extension can be increased or decreased.