EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 39
ISSUED BY AUTHORITY OF THE MINISTER FOR HEALTH
NURSING HOMES ASSISTANCE REGULATIONS (AMENDMENT)
Section 37 of the Nursing Homes Assistance Act 1974 (the Act) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 12 (1) of the Act provides that the Commonwealth and the proprietor of a nursing home approved under the Act may enter into an agreement under which the Commonwealth meets any approved operating deficit incurred by the home in a financial year or other period. Paragraph 13 (1) (a) of the Act provides that any such agreement between the Commonwealth and the proprietor of a nursing home is to include a provision under which the proprietor is to charge a fee of $32 per week or such other amount as is prescribed for nursing home patients other than certain specified classes of patients. The amount that is prescribed is consistent with Government
policy that the amount of minimum financial contribution towards the cost of their nursing home care by patients should be equivalent to 87½% of pension entitlement, including supplementary assistance, under the Social Services Act 1947. The increase in supplementary assistance effective from 11 February 1982 therefore has required an appropriate increase in the amount prescribed from that date. Regulation 2 accordingly prescribes an increase in the amount of the fee currently prescribed for the purposes of paragraph 13 (1) (a) from $65.10 to $67.90.
Paragraph 13 (1) (d) of the Act provides for the prescription of the fees to be charged to nursing home patients in approved nursing homes where the patient has received, has established his right to receive, or may be entitled to receive, a payment by way of compensation or damages under a law of the Commonwealth or of a State or Territory. The fees prescribed for the purposes of this paragraph are calculated by reference to the fee prescribed under paragraph 13 (1) (a) of the Act and by reference to the amounts of Commonwealth nursing home benefit prescribed
for the purpose of sub-section 47 (1) of the National Health Act 1953. Regulation 3 increases the fees prescribed under paragraph 13 (1) (d) by $2.80 per week to reflect the increase in the fee prescribed under paragraph 13 (1) (a) consequent upon the increase in the rate of supplementary assistance effective from 11 February 1982.
Regulation 1 provides for the coming into operation of the statutory rules on 11 February 1982.