Commonwealth Numbered Acts

NURSING HOMES AND HOSTELS LEGISLATION AMENDMENT ACT 1987 No. 72, 1987 - SECT 19

19. After section 48 of the Principal Act the following section is inserted:
Basic benefit for nursing home care in transferred homes

"48A. (1) Subject to this Part and Part VC, a Commonwealth benefit is payable
to the proprietor of a transferred home in respect of each approved nursing
home patient or Repatriation nursing home patient for each day on which the
patient receives nursing home care in the home.

"(2) Subject to subsections (3) and (4), the benefit payable under subsection
(1) is equal to the difference between:

   (a)  the lowest fee in the scale of fees applicable to the home on the
        relevant day; and

   (b)  the amount for the time being applicable for the purpose of
        subparagraph 47 (2) (b) (iii).

"(3) In relation to a patient who is entitled to be provided with medical
treatment under the Veterans' Entitlements Act 1986 in respect of war-caused
injury or disease, subsection (2) has effect as if the amount being taken into
account for the purpose of paragraph (2) (b) were the amount per day that the
patient is liable to pay for nursing home care provided under that Act.

"(4) If the Secretary is satisfied that, because of special circumstances
related to the capacity of a patient to pay fees for nursing home care, the
benefit payable in respect of the patient should be increased, the Secretary
may, by written instrument, determine that the amount to be taken into account
under paragraph (2) (b) shall be decreased to the amount specified in the
determination, and subsection (2) shall have effect accordingly.".