Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 61

(1) Adjustment made to an amount of an advance paid under subsection  43 -
3(3) of the new Act in respect of a *residential care service may take account
of:

   (a)  the amount of any likely overpayment or underpayment of Commonwealth
        benefit determined under section 46E of the 1953 Act in respect of an
        approved nursing home that corresponds to the residential care
        service; and

   (b)  any overpayments of Commonwealth benefit in respect of an approved
        nursing home that corresponds to the residential care service; and

   (c)  any underpayments of Commonwealth benefit in respect of an approved
        nursing home that corresponds to the residential care service.

(2) Subsection (1) does not affect the operation of section 51C of the 1953
Act.

(3) In this section: approved nursing home has the same meaning as in the 1953
Act. Commonwealth benefit has the same meaning as in Part VA of the 1953 Act.
overpayment, in relation to a Commonwealth benefit, has the same meaning as in
section 46B of the 1953 Act. underpayment, in relation to a Commonwealth
benefit, means the amount, if any, by which the sum of the advances of
Commonwealth benefit paid in respect of the approved nursing home in question
for a particular period is less than the amount of Commonwealth benefit
payable in respect of the approved nursing home for that period.