Document ID: chunk:federal_register_of_legislation:C2004A04483:body:0:p9
Version: federal_register_of_legislation:C2004A04483
Segment Type: other
Provision Reference: 
Character Range: 20779–23568

the end the following subsections:

     "(3) A day is a respite care day in relation to a patient for whom there is an approved person if:

         (a) the patient receives care from someone other than the approved person for a period during that day; and

      (b) the period extends overnight and into the next day.

      "(4) For the purposes of this Part, if:

        (a)     an approved person ceases to provide domiciliary nursing care to a patient for a part of a day; and

      (b)     another person cares for the patient for that period; and

        (c)     the approved person resumed providing care to the patient during the course of the day;

     the approved person is not taken to have ceased providing care to the patient merely because he or she did not provide care for that part of the day.".

Repeal and substitution of section

25. Section 58G of the Principal Act is repealed and the following section is substituted:

Payment of benefit

"58G.(1) Domiciliary nursing care benefit is payable by the Commonwealth to an approved person in respect of:

    (a)     each day that the person provides domiciliary nursing care for a patient; and

    (b)     each respite care day in respect of a patient, not exceeding 42 such days in respect of the patient in a calendar year.

  "(2) Benefit is payable at the rate of:

  (a)     $52.00 per fortnight; or

    (b)     if the Minister has determined, in writing, a higher rate per fortnight—that higher fortnightly rate.

"(3) A determination of the Minister takes effect from the day specified in the determination.".

Domiciliary nursing care benefit to be paid in fortnightly instalments

  26. Section 58GA of the Principal Act is amended:

    (a) by omitting from subsection (1) the definition of "pro-rata instalment" and substituting the following definition:

     " 'pro-rata instalment', in relation to an approved person in respect of a benefit pay-day, means an instalment of benefit equal to the product of:

         (a)     $3.71, or such greater amount (if any) determined, in writing, by the Minister; and

         (b)     the number of days in the relevant fortnight in respect of which benefit is payable;";

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

     " 'respite care day' means a respite care day in respect of which benefit is payable under section 58G;";

  (c) by omitting subsection (2) and substituting the following subsection:

    "(2) For the purposes of this section:

      (a)     if an approved person ceases to provide domiciliary nursing care to a patient during the course of a day, the person is taken to have not provided care to the patient on that day; and

      (b)     the day after a respite care day is a day on which an approved person is