Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 44.8B

                   A person is a charge exempt resident if:

                     (a)  at any time on 30 September 1997, the person occupied an approved nursing home bed in a nursing home approved under section 40AA of the National Health Act 1953 (as then in force); and

                     (b)  the person is receiving residential care, having * entered an * aged care service at any time after 30 September 1997 (whether before or after this section commences); and

                     (c)  apart from this section, the person would have been eligible to pay an * accommodation charge for the entry.

Note 1:       A * concessional resident cannot be a charge exempt resident , because concessional residents cannot be required to pay an accommodation charge and therefore do not meet the test in paragraph (c).

Note 2:       A charge exempt resident cannot be required to pay an accommodation charge: see paragraph 57A-2(1)(b).