68Extra service amounts for exempt residents

#### 68 Extra service amounts for exempt residents (1) For the purposes of the new Act, if: (a) a person: (i) was an exempt patient in an approved nursing home immediately before the commencement day (disregarding the effect of paragraph 58(2)(e)); or (ii) is taken to be such a patient under paragraph 58(2)(e); and (b) on the commencement day, or on a day occurring after the commencement day, the person is \*provided with \*residential care through a \*residential care service corresponding to that nursing home; section 58-5 of the new Act has effect, in relation to the day on which the residential care is provided, as if: (c) the reference in paragraph 58-5(b) of the new Act to 25% of the extra service fee referred to in paragraph (a) of that section were omitted; and (d) in its place there were substituted a reference to: (i) for a person referred to in subparagraph (1)(a)(i)—the proportion of the additional exempt bed fee (within the meaning of Part V of the 1953 Act) that was, immediately before the commencement day, being taken into account in reduction of the Commonwealth benefit payable in respect of the bed occupied by the person; or (ii) for a person referred to in subparagraph (1)(a)(ii)—the notional amount (see subsection (3)) in respect of the person. (2) If, after the commencement day: (a) the person ceases to be \*provided with \*residential care through the \*residential care service (other than because the person is on \*leave); or (b) the person is provided with residential care through the residential care service, but not on an extra service basis within the meaning of Division 36 of the new Act; this section does not apply in respect of any subsequent day on which the person is provided with residential care through that residential care service. > Note: Under section 52 of this Act, the exempt bed status of nursing homes can be taken to be \*extra service status for the purposes of the new Act. See also section 68 of this Act relating to extra service amounts for exempt residents. (3) In this section: > exempt patient means an exempt patient within the meaning of section 39AD of the 1953 Act. > notional amount, in respect of a person, means an amount equal to the proportion of the additional exempt bed fee (within the meaning of Part V of the 1953 Act) that would, immediately before the commencement day, have been taken into account in reduction of the Commonwealth benefit payable in respect of the bed occupied by the person if the person had been an exempt patient immediately before that day.