Commonwealth Numbered Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 64

(1) For the purposes of the new Act, if:

   (a)  a person:

        (i)    was an exempt patient in an approved nursing home immediately
               before the commencement day (disregarding the effect of
               paragraph 58(2)(e)); or

        (ii)   is taken to be such a patient under paragraph 58(2)(e); and

   (b)  on the commencement day, or on a day occurring after the commencement
        day, the person is *provided with *residential care through a
        *residential care service corresponding to that nursing home; and

   (c)  under section 44-18 of the new Act, there is an extra service
        reduction for the day on which that residential care is provided; the
        amount of the extra service reduction for that day is:

   (d)  for a person referred to in subparagraph (1)(a)(i)Šan amount equal to
        the proportion of the additional exempt bed fee (within the meaning of
        Part V of the 1953 Act) that was, immediately before the commencement
        day, being taken into account in reduction of the Commonwealth benefit
        payable in respect of the bed occupied by the person; or

   (e)  for a person referred to in subparagraph (1)(a)(ii)Šthe notional
        amount (see subsection (3)) in respect of the person.

(2) If, after the commencement day:

   (a)  the person ceases to be *provided with *residential care through the
        *residential care service (other than because the person is on

*leave); or

   (b)  the person is provided with residential care through the residential
        care service, but not on an extra service basis within the meaning of
        Division 36 of the new Act; this section does not apply in respect of
        any subsequent day on which the person is provided with residential
        care through that residential care service. Note: Under section 52 of
        this Act, the exempt bed status of nursing homes can be taken to be
        *extra service status for the purposes of the new Act. See also
        section 68 of this Act relating to extra service amounts for exempt
        residents.

(3) In this section: exempt patient means an exempt patient within the meaning
of section 39AD of the 1953 Act. notional amount, in respect of a person,
means an amount equal to the proportion of the additional exempt bed fee
(within the meaning of Part V of the 1953 Act) that would, immediately before
the commencement day, have been taken into account in reduction of the
Commonwealth benefit payable in respect of the bed occupied by the person if
the person had been an exempt patient immediately before that day.