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AGED CARE ACT 1997 - SECT 14.5

Conditions relating to particular allocations

             (1)  The Secretary may make an allocation of * places to a person subject to such conditions as the Secretary specifies in writing.

Note:          Approved providers have a responsibility under Part 4.3 to comply with the conditions to which the allocation is subject. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.

             (2)  The Secretary may specify which of the conditions (if any) must be met before a determination can be made under section 15-1.

Note:          An allocation takes effect when a determination is made under section 15-1. Until an allocation takes effect, it is a * provisional allocation.

             (3)  It is a condition of every allocation of a * place that:

                     (a)  the place is allocated in respect of a specified location; and

                     (b)  the place is allocated in respect of a particular * aged care service; and

                     (c)  any care provided, in respect of the place, must be provided at that location and through that service.

Lump sums paid by continuing care recipients

             (5)  If:

                     (a)  a condition imposed on an allocation of * places to a person requires:

                              (i)  the refund by the person to a * continuing care recipient, with the consent of the continuing care recipient, of a * pre-allocation lump sum or part of such a sum; or

                             (ii)  the forgiveness by the person of an obligation (including a contingent obligation) by a continuing care recipient, with the consent of the continuing care recipient, in relation to a pre-allocation lump sum or part of such a sum; and

                     (b)  the continuing care recipient continues, on the day on which the allocation was made, to be provided with * aged care through the residential care service in relation to entry to which the pre-allocation lump sum was paid or became payable;

then the continuing care recipient and the pre-allocation lump sum holder have the same rights, duties and obligations in relation to the charging of an * accommodation bond or an * accommodation charge as the continuing care recipient and the pre-allocation lump sum holder would have under this Act and the Aged Care (Transitional Provisions) Act 1997 if:

                     (c)  the continuing care recipient had * entered the residential care service or flexible care service on the day on which the allocation was made; and

                     (d)  the pre-allocation lump sum were an accommodation bond paid in respect of aged care provided through another residential care service or flexible care service.

Lump sums paid by care recipients other than continuing care recipients

          (5A)  If:

                     (a)  a condition imposed on an allocation of * places to a person requires:

                              (i)  the refund by the person to a care recipient (the non-continuing care recipient ) who is not a * continuing care recipient, with the consent of the non-continuing care recipient, of a * pre-allocation lump sum or part of such a sum; or

                             (ii)  the forgiveness by the person of an obligation (including a contingent obligation) by a non-continuing care recipient, with the consent of the non-continuing care recipient, in relation to a pre-allocation lump sum or part of such a sum; and

                     (b)  the non-continuing care recipient continues, on the day on which the allocation was made, to be provided with * aged care through the residential care service in relation to entry to which the pre-allocation lump sum was paid or became payable;

then the non-continuing care recipient and the pre-allocation lump sum holder have the same rights, duties and obligations in relation to the charging of a * refundable deposit as the non-continuing care recipient and the pre-allocation lump sum holder would have under this Act if:

                     (c)  the non-continuing care recipient had * entered the residential care service or flexible care service on the day on which the allocation was made; and

                     (d)  the pre-allocation lump sum were a refundable deposit paid in respect of aged care provided through another residential care service or flexible care service.

             (6)  A pre-allocation lump sum is an amount paid or payable to a person (the pre-allocation lump sum holder ) by a care recipient in the following circumstances:

                     (a)  the amount does not accrue daily;

                     (b)  the amount is for the care recipient's * entry to a residential care service or flexible care service conducted by the pre-allocation lump sum holder;

                     (c)  the amount is not a * refundable deposit, an * accommodation bond, an * entry contribution or an * unregulated lump sum.



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