Commonwealth Consolidated Acts

NATIONAL HEALTH ACT 1953 - SECT 47

             (1)  Subject to this Part and to Part VC, there is payable to the proprietor of a Government nursing home or a nursing home for disabled people in respect of each approved nursing home patient, for each day (not being a day before the commencement of this section) on which the patient receives nursing home care in that nursing home a Commonwealth benefit of:

                     (a)  where the nursing home is situated in the State of New South Wales--$13.65 or such higher amount as is determined by the Minister;

                     (b)  where the nursing home is situated in the State of Victoria--$19.65 or such higher amount as is determined by the Minister;

                     (c)  where the nursing home is situated in the State of Queensland--$11.80 or such higher amount as is determined by the Minister;

                     (d)  where the nursing home is situated in the State of South Australia--$17.40 or such higher amount as is determined by the Minister;

                     (e)  where the nursing home is situated in the State of Western Australia--$11.75 or such higher amount as is determined by the Minister;

                      (f)  where the nursing home is situated in the State of Tasmania--$14.85 or such higher amount as is determined by the Minister;

                     (g)  where the nursing home is situated in the Australian Capital Territory--$13.65 or such higher amount as is determined by the Minister; or

                     (h)  where the nursing home is situated in the Northern Territory--$17.40 or such higher amount as is determined by the Minister.

             (2)  Where:

                     (a)  an approved nursing home patient referred to in subsection (1) is receiving nursing home care in a nursing home that is not a Government nursing home; and

                     (b)  the sum of:

                              (i)  the amount of Commonwealth benefit that would, but for this subsection, be payable in pursuance of subsection (1) in respect of that patient for a day;

                             (ii)  the amount (if any) of Commonwealth extensive care benefit in respect of that patient for that day; and

                            (iii)  $6.70, or if a higher amount is determined by the Minister for the purposes of this subparagraph, the amount so determined;

                            exceeds the fees charged in respect of the nursing home care of that patient for that day;

the amount of Commonwealth benefit payable in pursuance of subsection (1) shall be reduced by the amount of the excess.

          (2A)  Subsection (2) does not apply to reduce an amount of Commonwealth benefit payable in respect of fees that are bed retention fees for the purposes of section 4AA.

          (2B)  A determination by the Minister under subsection (1) or (2) shall be made by notice in writing.