Commonwealth Numbered Acts

NATIONAL HEALTH AMENDMENT ACT (No. 2) 1980 No. 131, 1980 - SECT 9

9. (1) After section 58G of the Principal Act the following section is
inserted: Domiciliary nursing care benefit to be paid in fortnightly
instalments

"58GA. (1) In this section, unless the contrary intention appears-

'benefit' means a domiciliary nursing care benefit;

'fortnightly instalment' means an instalment calculated with respect to a
fortnight;

'instalment' means a fortnightly instalment or a pro-rata instalment;

'pro-rata instalment', in relation to an approved person in respect of a
benefit pay-day, means an instalment of benefit of an amount equal to the
product of $3 and the number of days in the relevant fortnight on which the
approved person provided domiciliary nursing care for the patient;

'relevant fortnight', in relation to a benefit pay-day, means the fortnight
ending on the day immediately preceding that benefit pay-day.



"(2) For the purposes of the definition of 'pro-rata instalment' in sub-
section (1), a person shall be deemed not to have provided domiciliary nursing
care for a patient on a day if the person ceased to provide that care at some
time during that day.



"(3) Subject to this section, benefit shall be payable in fortnightly
instalments on such benefit pay-days as the Permanent Head, by instrument in
writing, directs.



"(4) Where the approval of a person as an approved person in respect of a
patient takes effect on a day other than a benefit pay-day, no instalment of
benefit is payable to the approved person in respect of the patient on the
benefit pay-day immediately following the date that the approval takes effect.



"(5) An instalment of benefit is not payable to an approved person in respect
of a patient on a benefit pay-day if the approved person has not provided
domiciliary nursing care for the patient on at least one day of the relevant
fortnight.



"(6) Subject to sub-section (7), where-

   (a)  an approved person provides domiciliary nursing care to a patient for
        at least one, but not on every, day of the relevant fortnight in
        relation to a benefit pay-day;

   (b)  domiciliary nursing care was not provided by the approved person to
        the patient on the last day of the relevant fortnight in relation to
        the benefit pay-day immediately preceding the benefit pay-day referred
        to in paragraph (a); and

   (c)  the last instalment of benefit paid to the approved person in respect
        of the patient was a fortnightly instalment, no instalment of benefit
        is payable to the approved person in respect of the patient on the
        benefit pay-day referred to in paragraph (a).



"(7) Where an approved person has provided domiciliary nursing care for a
patient on at least one, but not on every, day of the relevant fortnight in
relation to a benefit pay-day, the Permanent Head may, by instrument in
writing, direct that a pro-rata instalment is payable to the approved person
in respect of the patient on that benefit pay-day and, if a fortnightly
instalment would, but for this sub-section be payable to the approved person
in respect of the patient on that benefit pay-day, that fortnightly instalment
is not so payable.



"(8) A direction under sub-section (7) may operate with respect to a benefit
pay-day that occurred before the giving of the direction.



"(9) Where-

   (a)  a fortnightly instalment of benefit has been paid to the approved
        person on a benefit pay-day; and

   (b)  by virtue of a direction under sub-section (7), a pro-rata instalment
        of benefit is payable to the approved person on that benefit pay-day
        and that fortnightly instalment is not so payable, an amount equal to
        the amount by which that fortnightly instalment exceeds that pro-rata
        instalment may be deducted from any instalment payable to that
        approved person on the next benefit pay-day after the giving of the
        direction or on any subsequent benefit pay-day.".