61Overpayments and underpayments of Commonwealth benefit

#### 61 Overpayments and underpayments of Commonwealth benefit (1) Adjustment made to an amount of an advance paid under subsection 43-3(3) of the new Act in respect of a \*residential care service may take account of: (a) the amount of any likely overpayment or underpayment of Commonwealth benefit determined under section 46E of the 1953 Act in respect of an approved nursing home that corresponds to the residential care service; and (b) any overpayments of Commonwealth benefit in respect of an approved nursing home that corresponds to the residential care service; and (c) any underpayments of Commonwealth benefit in respect of an approved nursing home that corresponds to the residential care service. (2) Subsection (1) does not affect the operation of section 51C of the 1953 Act. (3) In this section: > approved nursing home has the same meaning as in the 1953 Act. > Commonwealth benefit has the same meaning as in Part VA of the 1953 Act. > overpayment, in relation to a Commonwealth benefit, has the same meaning as in section 46B of the 1953 Act. > underpayment, in relation to a Commonwealth benefit, means the amount, if any, by which the sum of the advances of Commonwealth benefit paid in respect of the approved nursing home in question for a particular period is less than the amount of Commonwealth benefit payable in respect of the approved nursing home for that period.