Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:3_124:p3
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 3 cl 124 (pt 3/3)
Character Range: 153463–155488

of a decision of the Secretary to the Health Department refusing the person's application for approval as an approved person for the purposes of Part VB of that Act; and
 (b) the Health Minister had not dealt with the request before that day; and
 (c) the Health Minister later confirms the decision of the Secretary to the Health Department;
the person is taken to have made a claim for carer allowance on 1 July 1999 under Part 2.19 of this Act, and that claim is taken to have contained any information in the application mentioned in paragraph (a).

Decision of Health Minister in relation to domiciliary nursing care benefit

 (10) If:
 (a) under item 3 of Schedule 3 to the Assistance for Carers Legislation Amendment Act 1999, the Health Minister is required to deal with a request to review a decision of the Secretary to the Health Department to refuse a person's application for approval as an approved person for the purposes of Part VB of the National Health Act 1953; and
 (b) the Health Minister confirms the decision of the Secretary to the Health Department;
the person is taken to have made a claim for carer allowance on 1 July 1999 under Part 2.19 of this Act, and that claim is taken to have contained any information in the application mentioned in paragraph (a).

Preserving the no residency requirement for domiciliary nursing care benefit

 (11) If:
 (a) domiciliary nursing care benefit under Part VB of the National Health Act 1953 was payable, or is to be taken to have been payable, immediately before 1 July 1999 to a person in relation to a patient; and
 (b) immediately before that day, the person or the patient was not an Australian resident;
then Part 2.19 of this Act as in force on and after that day has effect as if the person or the patient, as the case may be, were an Australian resident.

Definitions

 (12) In this clause:

Health Department means the Department administered by the Health Minister.

Health Minister means the Minister administering the National Health Act 1953.