Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p9
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 20852–23631

and

     (b)     the proprietor charges fees in respect of nursing home care provided to the patient during the period without deducting the amount of benefit so paid in respect of the patient;

the proprietor must, as the Secretary demands, repay to the Commonwealth that amount.

"(3) If the proprietor of the nursing home has not complied with the Secretary's demand within 3 months, the amount to which the demand relates may be recovered by the Commonwealth as a debt.

"(4) The Commonwealth must pay an amount equal to the amount received under subsection (2) or (3) to the person to whom the fees concerned were charged.".

Insertion of new heading in Part VA

15. After section 49AA of the Principal Act the following heading is inserted:

"Division 3—Miscellaneous".

Claims for benefit

16.    Section 51 of the Principal Act is amended by omitting from paragraph (1)(a) "payable" and substituting "that is, or may become, payable".

17.    Sections 51A and 51B of the Principal Act are repealed and the following sections are substituted:

Advances of benefit

"51A. The Minister may, in his or her discretion, authorise the payment to the proprietor of an approved nursing home (other than a Government nursing home) of an advance or advances in respect of Commonwealth benefit that is or may become payable to the proprietor.

Treatment of money overpaid or underpaid by way of an advance

"51B.(1) The proprietor of an approved nursing home is liable to repay to the Commonwealth any overpayment of Commonwealth benefit.

  "(2) If:

   (a) an amount of Commonwealth benefit payable to the proprietor

     of an approved nursing home in respect of an accounting period exceeds the total of the advances paid to the proprietor in respect of that amount; and

    (b) the proprietor elects, in writing, that the amount of the excess be paid to him or her in the manner specified in the principles formulated under subsection 40AA(7);

the amount of the excess is payable to the proprietor of the nursing home in accordance with the election.

Note: See section 46B for the meaning of overpayment.

Recovery of overpayments

"51C.(1) An overpayment of Commonwealth benefit made to the proprietor of an approved nursing home may, in whole or in part, be:

    (a)     deducted from an amount (including an advance) payable, or to be paid, to that proprietor of the nursing home under this Part; or

    (b)     recovered by the Commonwealth from that proprietor as a debt due to the Commonwealth; or

    (c)     recovered from that proprietor, or a later proprietor of the nursing home, in a manner determined in accordance with the principles formulated under subsection 40AA(7).

  "(2) If:

    (a)     the proprietor of a nursing home receives an overpayment of