EXPLANATORY STATEMENT
Statutory Rules 1986 No. 353
SUBJECT: NATIONAL HEALTH ACT 1953
NATIONAL HEALTH REGULATIONS (AMENDMENT)
(Issued by authority of the Minister for Community Services).
Regulation 29 of the National Health Regulations (the Regulations) was made pursuant to section 140 of the National Health Act 1953 (the Act).
Sub-section 47(2) of the Act provides that where a qualified nursing home patient is receiving nursing home care in a non-Government nursing home, the amount of Commonwealth benefit payable under sub-section 47(1) is reduced by the amount that the fees charged in respect of the nursing home care of that patient for that day are exceeded by the sum of -
• the amount of Commonwealth benefit otherwise payable under sub-section 47(1) (sub-paragraph 47(2)(b)(i));
• the amount (if any) of Commonwealth extensive care benefit (sub-paragraph 47(2)(b)(ii)); and
• $6.70, or the amount prescribed (sub-paragraph) 47(2)(b) (iii).
In effect, sub-paragraph 47(2)(b)(iii) of the Act prescribes the minimum rate of daily patient contribution that a qualified nursing home patient who is accommodated in an approved non-Government nursing home is required to contribute towards his or her care and treatment. The rate of $14.60 is prescribed by regulation 29 of the National Health Regulations.
The rate of the patient contribution prescribed by that regulation is currently at a level equivalent to 87.5% of the sum of the maximum standard rate of pension and rent assistance payable under the Social Security Act 1947.
The rate of patient contribution has been reviewed to take into account the increase in pension rates which will become effective on 25 December 1986. The patient contribution rate will be increased to maintain the 87.5% rate.
Accordingly, the regulations increase the rate of patient contribution to the new level.
The regulations will come into operation on 25 December 1986, which is the date the increase in pension rates occurs.