Commonwealth Consolidated Acts

HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 - SECT 9

             (1)  This section applies if:

                     (a)  a reimbursement arrangement has been made in respect of an injury to a compensable person; and

                     (b)  the person is entitled, under the reimbursement arrangement, to compensation by way of reimbursement of expenses as those expenses are incurred, being expenses incurred in respect of nursing home care or residential care provided to the person in the course of treatment of, or as a result of, the injury.

             (2)  Despite Part VA of the National Health Act 1953 , nursing home benefit is not payable in respect of nursing home care if, under the reimbursement arrangement, the whole or any part of the amount payable for nursing home care has already been reimbursed before a claim for nursing home benefit in respect of the nursing home care has been submitted.

          (2A)  Despite Part 3.1 of the Aged Care Act 1997 , residential care subsidy is not payable in respect of residential care if, under the reimbursement arrangement, the whole or any part of the amount payable for residential care has already been reimbursed before a claim for residential care subsidy in respect of the residential care has been submitted.

             (3)  If:

                     (a)  nursing home care or residential care has been provided to the person; and

                    (aa)  nursing home benefit or residential care subsidy has been paid in respect of the nursing home care or residential care; and

                     (b)  under the reimbursement arrangement, the person is entitled to reimbursement of the whole or any part of the amount payable for the nursing home care or residential care;

the person entitled to the reimbursement is liable to pay to the Commonwealth an amount equal to the nursing home benefit or residential care subsidy.

             (4)  Subsection (3) has effect only so far as it is not a law imposing taxation within the meaning of section 55 of the Constitution.

Note:          So far as subsection (3) would be a law imposing taxation, see section 7 of the Health and Other Services (Compensation) Care Charges Act 1995 .