Document ID: chunk:federal_register_of_legislation:C2004A04483:body:0:p10
Version: federal_register_of_legislation:C2004A04483
Segment Type: other
Provision Reference: 
Character Range: 23367–26098

patient during the course of a day, the person is taken to have not provided care to the patient on that day; and

      (b)     the day after a respite care day is a day on which an approved person is taken to have provided domiciliary nursing care to the patient in question unless:

         (i) it is also a respite care day; or

        (ii) paragraph (a) applies in respect of that day.";

    by omitting subsections (5), (6) and (7) and substituting the following subsections:

   "(5) Subject to subsections (6) and (7), an instalment of benefit is payable to an approved person in respect of a patient on a benefit pay-day if, on at least one day of the relevant fortnight in relation to the benefit pay-day, the person:

    (a)     provides domiciliary nursing care to the patient; or

    (b)     has a respite care day in respect of the patient.

    "(6) Subject to subsection (7), if:

      (a) for at least one, but not on every, day of the relevant fortnight in relation to a benefit pay-day ('current pay day') an approved person:

        (i) provided domiciliary nursing care to a patient; or (ii) had a respite care day in respect of the patient; and

      (b) on the last day of the relevant fortnight in relation to the benefit pay-day immediately before the current pay-day, the approved person did not:

        (i) provide domiciliary nursing care to the patient; or

           (ii) have a respite care day in respect of the patient; and

      (c) the last instalment of benefit paid to the person in respect of the patient was a fortnightly instalment;

   an instalment of benefit is not payable to the person in respect of the patient on the current pay-day.

   "(7) If an approved person, on at least one, but not on every, day of the relevant fortnight in relation to a benefit pay-day:

    (a)     provides domiciliary nursing care for a patient; or

   (b)     has a respite care day in respect of the patient; then:

         (c) the Secretary may, in writing, direct that a pro-rata instalment is payable to the person in respect of the patient on that benefit pay-day; and

         (d) if a fortnightly instalment would, but for this subsection, be payable to the person in respect of the patient on that benefit pay-day—that fortnightly instalment is not so payable.".

Notification of death of patient etc.

  27. Section 58H of the Principal Act is amended:

     (a) by omitting paragraph (d) and substituting the following paragraph:

         "(d) ceasing to provide domiciliary nursing care to a patient (other than for the purpose of taking a respite care day in relation to that patient);";

   (b) by adding at the end the following subsection:

     "(2) If an approved person