Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 5NC

             (1)  In this Act:

"aged care resident" has the meaning given by subsection (5).

"in a care situation" has the meaning given by subsection (2).

"in respite care" has the meaning given by subsection (8).

"personally providing community-based care" has the meaning given by subsection (4).

"receiving community-based care" has the meaning given by subsection (3).

             (2)  A person is in a care situation if:

                     (a)  the person is residing in premises at which accommodation is provided exclusively or principally for people who have a mental disability; or

                     (b)  the person is a nursing‑home type patient, within the meaning of the Health Insurance Act 1973 , of a hospital; or

                     (c)  the person is in respite care; or

                     (d)  the person is receiving community‑based care.

             (3)  A person is receiving community‑based care if, in the Commission's opinion, the person needs, and has been receiving or is likely to receive, a substantial level of care in a private residence for at least 14 consecutive days.

             (4)  A person is personally providing community‑based care for another person if, in the Commission's opinion:

                     (a)  the first‑mentioned person is personally providing for the other person, in a private residence, a substantial level of care needed by the other person; and

                     (b)  has personally provided, or is likely to personally provide, that level of care for at least 14 consecutive days.

             (5)  Subject to subsections (6) and (7), a person is an aged care resident for the purposes of this Act if:

                     (a)  the person:

                              (i)  is being provided with residential care through an aged care service conducted by an approved provider; and

                             (ii)  has been provided, or in the Commission's opinion is likely to be provided, with residential care for at least 14 consecutive days; and

                     (b)  an approval for residential care or flexible care under Part 2.3 of the Aged Care Act 1997 is in force in respect of the person.

             (6)  A person is taken not to be an aged care resident if the person is in respite care.

             (7)  The Commission may determine, for the purposes of subsection (5), that a person is taken not to be an aged care resident on a day that occurs:

                     (a)  after the person in fact became an aged care resident; and

                     (b)  before the day occurring 15 days after the person in fact became an aged care resident;

if the Commission is satisfied that, immediately before the day, the person was liable to pay rent.

             (8)  A person is in respite care on a particular day if the person is eligible for a respite care supplement in respect of that day under section 44‑ 12 of the Aged Care Act 1997 .

             (9)  In this section, the following terms have the same meanings as in the Aged Care Act 1997 :