Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p23
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 57754–60569

The vendor payment is held in trust for the vendor's benefit until the investigation carried out under paragraph 65F(1)(c) in respect of the nursing home is completed.

"(3) If the investigation establishes that no overpayment is payable by the vendor, the vendor payment is paid to the vendor.

"(4) If the investigation establishes that there has been, in respect of the investigation period, an overpayment for which the vendor is liable, then:

    (a)     if the vendor payment is equal to or less than the overpayment— the vendor payment is taken to have been paid to the Commonwealth in settlement or part settlement of the overpayment; or

  (b)     if the vendor payment is more than the overpayment:

         (i) so much of the vendor payment as is equal to the overpayment is taken to have been paid to the Commonwealth in settlement of the overpayment; and

      (ii) the balance is paid to the vendor.

Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(4) applies

"65P.(1) This section applies if the overpayment outstanding in respect of the approved nursing home has been determined under subsection 65K(4).

"(2) The vendor payment is held in trust for the vendor's benefit until the investigation carried out under paragraph 65F(1)(c) in respect of the nursing home is completed.

"(3) If the investigation establishes that no overpayment is payable by the vendor, the vendor payment is paid to the vendor.

  "(4) If:

     (a) the investigation establishes that there has been, in respect of the investigation period, an overpayment for which the vendor is liable; and

    (b) the Commonwealth holds in trust a purchaser payment that is equal to, or higher than, the overpayment;

the vendor payment is paid to the vendor.

  "(5) If:

    (a)     the investigation establishes that there has been, in respect of the investigation period, an overpayment for which the vendor is liable; and

    (b)     the Commonwealth holds in trust a purchaser payment that is less than the overpayment;

then:

    (c)     if the vendor payment is equal to or less than the difference ('outstanding debt') between the overpayment and the purchaser payment—the vendor payment is taken to have been paid to the Commonwealth in settlement or part settlement of the outstanding debt; or

  (d)     if the vendor payment is more than the outstanding debt:

         (i) so much of the vendor payment as is equal to the outstanding debt is taken to have been paid to the Commonwealth in settlement of that debt; and

       (ii) the balance is paid to the vendor.

Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(5) applies

"65Q.(1) This section applies if the overpayment outstanding in respect of the approved nursing home has been