Commonwealth Numbered Acts

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AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 No. 114 of 1997 - SECT 65

65 Compensation payable to nursing home patient
(1) If, immediately before the commencement day, a determination under
subsection 59(1) of the 1953 Act was in force in respect of a qualified
nursing home patient (within the meaning of the 1953 Act), for the purposes of
the new Act, paragraphs 44-20(2)(a) and (b) of that Act are taken to be
satisfied in respect of a day if:

   (a)  on that day the patient is provided with *residential care; and

   (b)  that *residential care corresponds to the nursing home care to which
        the determination relates.

(2) If there are or have been reductions, under subsection 59(2) or (3) of the
1953 Act, in Commonwealth benefit (within the meaning of Part VC of the 1953
Act) as a result of the determination, those reductions in benefit are taken,
for the purposes of the new Act:

   (a)  to be compensation payment reductions of the kind referred to in
        paragraph 44-20(2)(c) of the new Act; and

   (b)  to have resulted in reductions in subsidy, as referred to in that
        paragraph, of an amount equal to the sum of those reductions in
        benefit. 


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