13Fees

13 Fees

(1) The form of agreement between the Commonwealth and the proprietor of a nursing home approved by the Minister under subsection 12(1) shall include provisions under which the proprietor of the home is required to charge a fee, in respect of the nursing home care and other services specified in the agreement provided for a qualified nursing home patient in the nursing home: (a) if a succeeding paragraph does not apply in relation to the patient—at the rate of $32 per week or at such other rate as is determined by the Minister; (b) if the patient is entitled to be provided with medical treatment in respect of incapacity due to war service in accordance with a determination made by a Deputy Commissioner of Repatriation—at such rate per week as the patient is liable to pay for nursing home care in accordance with the conditions determined by the Repatriation Commission in relation to the provision of medical treatment for him or her in respect of his or her incapacity; (c) if the Secretary is satisfied that, by reason of special circumstances, the person responsible for the payment of the fee ought to pay a fee at a rate less than the rate referred to in paragraph (a)—at such lower rate as the Secretary approves; or (d) if the patient has received or established his or her right to receive, or at the time at which payment of the fee is due it appears to the proprietor that the patient may be entitled to receive, in respect of the nursing home care to which the fee relates, a payment by way of compensation or damages (including a payment in settlement of a claim for compensation or damages) under the law of the Commonwealth or of a State or Territory—at the rate applicable to the patient in accordance with the rate determined by the Minister. (1A) A determination by the Minister under subsection (1) shall be made by notice in writing. (2) The form of agreement between the Commonwealth and the proprietor of a nursing home approved by the Minister under subsection 12(1) shall also include provisions: (a) under which the proprietor shall not charge any fee in respect of the provision of any approved services provided by him or her for persons included in the approved class of persons; and (b) under which the Secretary may determine that the whole or a part of a payment that a patient has received or is entitled to receive in settlement of a claim for compensation or damages shall be regarded as being in respect of the nursing home care of the patient during a period specified in the determination.