Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p4
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 8398–11105

in an accounting period, means the scale of fees determined by the Secretary under section 46D;

     'overpayment' has the meaning given by section 46B.".

8. After section 46A of the Principal Act the following sections are inserted:

Meaning of overpayment

"46B.(1) 'Overpayment', in relation to Commonwealth benefit has the meaning given by subsection (2), (3) or (4).

"(2) If the proprietor of an approved nursing home has received, by way of advance on account of Commonwealth benefit that may become payable in respect of an approved nursing home patient in the nursing home on a day, an amount that exceeds the amount payable to the

proprietor in respect of the nursing home patient on that day, the amount of that excess is an overpayment.

  "(3) If:

    (a)     the proprietor of an approved nursing home has received an amount by way of advance on account of Commonwealth benefit that may become payable in respect of an approved nursing home patient in the nursing home on a day; and

  (b)     that benefit does not become payable;

the amount so received by the proprietor is an overpayment.

  "(4) If:

     (a) an amount purporting to be Commonwealth benefit is paid to the proprietor of an approved nursing home in respect of an approved nursing home patient in the home; and

(b) Commonwealth benefit is not payable to the proprietor; that amount is an overpayment.

Secretary to determine accounting period in respect of certain approved nursing homes

"46C.(1) This section does not apply to a Government nursing home or a nursing home for disabled people.

"(2) The Secretary must, in relation to an approved nursing home, determine a period to be the accounting period in respect of that nursing home.

"(3) An accounting period in respect of an approved nursing home must not begin before the commencement of this Act.

  "(4) The determination must:

  (a)     be in writing; and

  (b)     set out the accounting period in respect of the nursing home.

"(5) The Secretary must provide a copy of the determination to the proprietor of the nursing home within 14 days after making it.

"(6) Subject to subsection (10), the Secretary may vary the accounting period in respect of the nursing home at any time.

"(7) If, before the day on which the sale of an approved nursing home is completed:

  (a)     the Secretary receives notice of the sale; or

  (b)     is otherwise informed of the sale;

the Secretary must, within 14 days of receiving notice, or becoming informed, of the sale of the nursing home, vary the accounting period in respect of the home.

  "(8) If:

   (a) an approved nursing home has been sold and the Secretary did

     not receive notice of the sale