Document ID: chunk:federal_register_of_legislation:C2004A04491:body:0:p3
Version: federal_register_of_legislation:C2004A04491
Segment Type: other
Provision Reference: 
Character Range: 5884–8657

a nursing home for disabled people) on a particular day, means the fee applicable in respect of the provision of nursing home care to the patient on that day in accordance with the scale of fees determined by the Secretary under section 46D;".

Repeal of section

  4. Section 42A of the Principal Act is repealed.

Certain person to give notice on death of proprietor

5. Section 43 of the Principal Act is amended by omitting subsections (1) and (1A).

Insertion of new heading in Part VA

6. Before section 46 of the Principal Act the following heading is inserted:

"Division 1—Preliminary".

Interpretation

  7. Section 46 of the Principal Act is amended:

    (a) by omitting from subsection (1) the definition of "Commonwealth extensive care benefit" and substituting the following definition:

     " 'extensive care benefit' means a benefit payable under section 49;";

  (b) by inserting in subsection (1) the following definitions:

     " 'accounting period', in relation to an approved nursing home other than a Government nursing home or a nursing home for disabled people, means:

         (a)     the period determined by the Secretary under subsection 46C(2); or

         (b)     if that period has been varied under subsection 46C(5) or (6)—that period as so varied;

     'general care benefit' means an amount that the proprietor of an approved nursing home is entitled to receive by way of benefit under section 47A or section 48A;

     'investigation to be carried out', in respect of an approved nursing home, has the meaning given by subsection 65(5);

     'notified day for completion of sale', has the meaning given by subsection 65(1);

     'notional fee', in relation to the provision of nursing home care (other than care of a kind in respect of which benefit is paid under section 48B, 48C, 48D, 48E or 49) to an approved nursing home patient in an approved nursing home (other than a Government nursing home or a nursing home for disabled people) on a particular day, means the fee applicable in respect of the provision of nursing home care to the patient on that day in accordance with the scale of fees determined by the Secretary under section 46D;

     'notional scale of fees', in relation to the provision of nursing home care (other than care of a kind in respect of which benefit is paid under section 48B, 48C, 48D, 48E or 49) to approved nursing home patients in an approved nursing home (other than a Government nursing home or a nursing home for disabled people) 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