Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p22
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 55146–58006

not apply;

the overpayment outstanding in respect of the nursing home is the sum of:

     (e)     the amount of overpayment (if any) established by the first investigation; and

   (f)     the amount specified in the determination.

  "(6) If:

    (a)     investigations have been undertaken under paragraphs 65C(1)(c) and (d) in respect of the operation of the nursing home; and

    (b)     an amount has been determined under paragraph 65D(1)(b); and

    (c)     a purchaser payment has been made in respect of the sale of the nursing home; and

  (d)     subsection (2) does not apply;

the overpayment outstanding in respect of the nursing home is the difference between:

  (e) the sum of:

         (i) the overpayment (if any) established by the first investigation; and

      (ii) the amount specified in the determination; and

  (f) the purchaser payment.

Money paid in settlement of an overpayment outstanding—how to deal with it

"65L. A vendor payment in relation to an overpayment outstanding in respect of an approved nursing home is to be dealt with as set out in sections 65M, 65N, 65P, 65Q, 65R and 65S.

Note: For the meaning of 'vendor payment' see subsection 65(1).

Treatment of amount paid in respect of overpayment outstanding to which subsection 65K(2) applies

"65M.(1) This section applies if the overpayment outstanding in respect of the approved nursing home has been determined under subsection 65K(2).

"(2) The vendor payment is held in trust for the vendor's benefit until the investigation carried out under subsection 65G(3) 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(3) applies

"65N.(1) This section applies if the overpayment outstanding in respect of the approved nursing home has been determined under subsection 65K(3).

"(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,