Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 46B

             (1)  Overpayment , in relation to Commonwealth benefit has the meaning given by subsection (2), (3) or (4).

             (2)  If the proprietor of an approved nursing home has received, by way of advance on account of Commonwealth benefit that may become payable in respect of an approved nursing home patient in the nursing home on a day, an amount that exceeds the amount payable to the proprietor in respect of the nursing home patient on that day, the amount of that excess is an overpayment.

             (3)  If:

                     (a)  the proprietor of an approved nursing home has received an amount by way of advance on account of Commonwealth benefit that may become payable in respect of an approved nursing home patient in the nursing home on a day; and

                     (b)  that benefit does not become payable;

the amount so received by the proprietor is an overpayment.

             (4)  If:

                     (a)  an amount purporting to be Commonwealth benefit is paid to the proprietor of an approved nursing home in respect of an approved nursing home patient in the home; and

                     (b)  Commonwealth benefit is not payable to the proprietor;

that amount is an overpayment.