Aged Care Act 2024

An individual accessing funded aged care services in an approved residential care home has means not disclosed status if:

the System Governor determines that the individual has that status in accordance with subsection (2) or (2A); or

the individual makes an election in accordance with section 321.

For the purposes of paragraph (1)(a) the System Governor must determine that the individual has means not disclosed status if the individual is asked to provide specified information prescribed by the rules within a specified period prescribed by the rules to assist the System Governor to determine the individual’s daily means tested amount, and the individual fails to do so.

For the purposes of paragraph (1)(a) the System Governor may determine that the individual has means not disclosed status if:

the individual’s income determination (if any) has been revoked under section 324 and a new income determination has not been made for the individual; or

the individual’s asset determination (if any) has been revoked under section 331 and a new asset determination has not been made for the individual.

A determination under paragraph (1)(a) takes effect on the day specified by the System Governor in the notice under subsection (5). The day may be before the day on which the determination is made but must be in accordance with the rules.

For example, the means not disclosed status may take effect on the individual’s start day, or when the revocation of the individual’s income determination or asset determination takes effect.

If, after that determination is made, the individual provides the information required for the individual’s daily means tested amount to be determined, the System Governor must:

revoke the determination that the individual has means not disclosed status; and

determine the day the revocation takes effect (which may be before the day that determination is made).

Within 14 days after making a determination under paragraph (1)(a) or (4)(b), the System Governor must give written notice of the decision to make that determination to the individual.

The notice under subsection (5) must:

if the decision is to make a determination under paragraph (1)(a):

explain the consequences of the individual having means not disclosed status and the steps the individual must take if the individual wants the determination to be revoked; and

specify the day the determination takes effect (see subsection (3)); and

set out the reasons for both the decision to make the determination and the decision as to the day the determination takes effect; and

if the decision is to make a determination under paragraph (4)(b):

specify the day the revocation takes effect; and

set out the reasons for the decision as to the day the revocation takes effect; and

state how the individual may apply for reconsideration of the decisions mentioned in the notice; and

include such other matters as are prescribed by the rules.

If a determination under paragraph (1)(a) or (4)(b) is in writing, it is not a legislative instrument.