Commonwealth Consolidated Acts

AGED CARE (CONSEQUENTIAL PROVISIONS) ACT 1997 - SECT 59

                   For the purposes of the new Act, paragraph 42-1(2)(b) of the new Act does not apply in relation to a care recipient in respect of ^* residential care that is ^* provided to the care recipient through a ^* residential care service if:

                     (a)  the care recipient has been provided with residential care through that residential care service on a continuous basis since immediately before the commencement day; and

                     (b)  a Commonwealth benefit is or was payable in respect of the care recipient, as an approved nursing home patient within the meaning of the 1953 Act, for nursing home care (within the meaning of the 1953 Act) received by the care recipient on the day before the commencement day; and

                     (c)  that nursing home care was provided in an approved nursing home that corresponds to the residential care service.