Commonwealth Consolidated Acts

AGED OR DISABLED PERSONS CARE ACT 1954 - SECT 10DAA

(1)

If the Minister has made a declaration in respect of a hostel under section 10FI, the Minister may, by written notice served on the proprietor, determine that the following rules apply in respect of the payment of financial assistance under section 10D, in respect of the hostel for the period that the declaration operates:

(a)

as long as the person who occupied an approved hostel place or an approved respite care place in the hostel on the day the Minister made the declaration continues to occupy that place, the amount of financial assistance and the circumstances in which it becomes payable to the organisation in respect of the place, is as provided for in section 10D;

(b)

in either of the following circumstances, the place is taken to be unoccupied for the purposes of section 10D:

(i)

in the case where the person is occupying an approved hostel care place—if the person ceases to permanently reside in the hostel;

(ii)

in the case where the person is occupying an approved respite care place—if the person leaves the hostel (other than as part of the respite care stay in the hostel) or begins residing in the hostel permanently.

(2)

The place is taken to be unoccupied for the purposes of section 10D:

(a)

in the case of subparagraph (1)(b)(i)—from the day after the person ceases to reside permanently in the hostel; and

(b)

in the case of subparagraph (1)(b)(ii)—from either the day after the person leaves the hostel or the day the person begins residing permanently in the hostel, as the case may be.

(3)

Subsection (1) cannot operate so as to make financial assistance payable to an organisation if, apart from this section and section 10D, that financial assistance would not otherwise be payable.