CTHRepealedAct
Aged Care (Consequential Provisions) Act 1997
78Determinations that Commonwealth benefit is not payable
Start here
Get a plain-English read of 78
Turn the raw legal text into a practical explanation grounded in Aged Care (Consequential Provisions) Act 1997.
#### 78 Determinations that Commonwealth benefit is not payable
(1) If:
(a) immediately before the commencement day, a determination under subsection 45EA(2) of the 1953 Act was in force; and
(b) the determination was a determination to the proprietor (within the meaning of the 1953 Act) of an approved nursing home that Commonwealth benefit is not payable to the proprietor in respect of a patient admitted to the nursing home after the making of the determination;
for the purposes of the new Act, the determination is taken to be a sanction that:
(c) is imposed, under subparagraph 66‑1(c)(ii) of the new Act, on the commencement day, on the \*approved provider conducting the \*residential care service that corresponds to the nursing home; and
(d) restricts that approved provider’s approval as a provider of \*aged care services to care recipients to whom the approved provider \*provided care before the making of the determination.
(2) The sanction period for that sanction under section 68-2 of the new Act:
(a) begins on the commencement day; and
(b) ends on the day the Secretary lifts the sanction under section 68-3 of the new Act.