Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p8
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 18293–21100

that the proprietor is entitled to receive".

Repeal of section

  11. Section 48 of the Principal Act is repealed.

Benefit for nursing home care in transferred homes and adjusted fee government nursing homes

  12. Section 48A of the Principal Act is amended:

     (a)     by omitting from subsection (1) "Subject to this Part and Part VC, a Commonwealth benefit is payable to" and substituting "Subject to this Part, Part VC and Part VD";

     (b)    by inserting after "government nursing home" in subsection (1) "is entitled to receive benefit";

     (c)     by omitting from subsection (2) "the benefit payable" and substituting "the benefit that the proprietor of the nursing home is entitled to receive";

     (d)    by omitting from paragraph (2)(a) "the fee payable for the care of the patient in the nursing home on the relevant day" and substituting "the notional fee";

     (e)     by omitting from subsection (2A) "the benefit payable" and substituting "The benefit that the proprietor is entitled to receive";

     (f) by omitting from subsection (4) "the benefit payable" and substituting "the benefit that the proprietor is entitled to receive".

13. After section 48A of the Principal Act the following section is inserted:

When general care benefit becomes payable

"48AB. The general care benefit to which the proprietor of an approved nursing home is entitled in respect of an approved nursing home patient in the nursing home who receives nursing home care on a day in an accounting period becomes payable on the 30th day after a notional scale of fees has been determined under section 46D in relation to the accounting period.".

14. After section 49A of the Principal Act the following section is inserted:

Payment of Commonwealth benefit to patient

  "49B.(1) If:

    (a)     the proprietor of an approved nursing home charges fees in respect of the nursing home care provided to an approved nursing home patient during a period; and

    (b)     the proprietor does not deduct from the fees Commonwealth benefit that is payable, or may become payable, to the proprietor in respect of the patient for the period;

the Secretary may direct that the Commonwealth benefit so payable, or the amount so paid in advance, be paid to the person to whom the fees were charged and not to the proprietor.

  "(2) If:

     (a)     the proprietor of the nursing home has been paid, whether by way of advance on account of Commonwealth benefit or otherwise, an amount of Commonwealth benefit in respect of the patient for the period; and

     (b)     the proprietor charges fees in respect of nursing home care provided to the patient during the period without deducting the amount of benefit so paid in respect of the patient;

the proprietor must, as the Secretary demands, repay