Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) a reimbursement arrangement has been made in respect of an injury to a compensable person; and
(b) the person is entitled, under the reimbursement arrangement, to compensation by way of reimbursement of expenses as those expenses are incurred, being expenses incurred in respect of nursing home care , residential care or home care provided to the person in the course of treatment of, or as a result of, the injury.
(2) If:
(a) nursing home care , residential care or home care has been provided to the person; and
(aa) nursing home benefit, residential care subsidy or home care subsidy has been paid in respect of the nursing home care, residential care or home care; and
(b) under the reimbursement arrangement, the person is entitled to reimbursement of the whole or any part of the amount payable for the nursing home care , residential care or home care;
on payment of the nursing home benefit, residential care subsidy or home care subsidy, there is payable to the Commonwealth, in respect of the compensation, a charge of an amount equal to the nursing home benefit, residential care subsidy or home care subsidy.
(3) The charge is payable by the person entitled to the reimbursement.
(4) This section has effect only so far as it is a law imposing taxation or dealing with the imposition of taxation within the meaning of section 55 of the Constitution.
Note: So far as this section would not be a law imposing taxation or dealing with the imposition of taxation, see section 9 of the Health and Other Services (Compensation) Act 1995 .