Document ID: chunk:federal_register_of_legislation:C2004C01347:clause:1_731j:p2
Version: federal_register_of_legislation:C2004C01347
Segment Type: clause
Provision Reference: sch 1 cl 731J (pt 2/2)
Character Range: 32198–33824

or set out in both of sections 953 and 954 as so modified, for the hospitalised person and another person or persons; and
 (ii) either the hospitalised person is terminally ill or it is reasonable to expect that the hospitalised person will reside in the private home of the carer and the hospitalised person upon leaving hospital.

 (5) In this section:
 (a) a reference to section 953 as modified by this subsection is a reference to section 953, subject to:
 (i) the substitution of a requirement that care receivers be in Australia for the requirement in paragraphs 953(1)(b) and (2)(b); and
 (ii) the omission of paragraphs 953(1)(f) and (2)(f); and
 (b) a reference to section 954 as modified by this subsection is a reference to section 954, subject to:
 (i) the substitution of a requirement that the care receiver be in Australia for the requirement in paragraph 954(1)(a); and
 (ii) the omission of paragraph 954(1)(f).

 (6) However, the period, or the sum of the periods, for which a person to whom this Subdivision applies is taken to satisfy the activity test by virtue of the operation of paragraph (4)(c) must not exceed:
 (a) 63 days in any calendar year; or
 (b) another period that the Secretary, for any special reason in a particular case, decides to be appropriate.

 (7) If subsection (4) (including either or both of sections 953 and 954 as modified by subsection (5) and applied under subsection (4)) uses a term that is defined for the purposes of either or both of sections 953 and 954, that term has the same meaning in subsection (4) as it has for the purposes of either or both of those sections.