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AGED CARE ACT 1997 - SECT 52F.3

Accommodation agreements

             (1)  The * accommodation agreement must set out the following:

                     (a)  the person's date (or proposed date) of * entry to the service;

                     (b)  that the person will pay an * accommodation payment if:

                              (i)  the person's * means tested amount at the date of entry is equal to, or greater than, the * maximum accommodation supplement amount for that day; or

                             (ii)  the person does not provide sufficient information to allow the person's means tested amount to be worked out;

                     (c)  that, if the person's means tested amount at the date of entry is less than the maximum accommodation supplement amount for that day, the person may pay an * accommodation contribution, depending on the person's means tested amount;

                     (d)  that a determination under section 52K-1 (financial hardship) may reduce the accommodation payment or accommodation contribution, including to nil;

                     (e)  that, within 28 days after the date of entry, the person must choose to pay the accommodation payment or accommodation contribution (if payable) by:

                              (i)  * daily payments; or

                             (ii)  * refundable deposit; or

                            (iii)  a combination of refundable deposit and daily payments;

                      (f)  that, if the person does not choose how to pay within those 28 days, the person must pay by daily payments;

                     (g)  that, if the person chooses to pay a refundable deposit within those 28 days:

                              (i)  the person will not be required to pay the refundable deposit until 6 months after the date of entry; and

                             (ii)  daily payments must be paid until the refundable deposit is paid;

                     (h)  the amounts that are permitted to be deducted from a refundable deposit;

                      (i)  the circumstances in which a refundable deposit balance must be refunded;

                      (j)  any other conditions relating to the payment of a refundable deposit;

                     (k)  such other matters as are specified in the Fees and Payments Principles.

             (2)  In relation to an * accommodation payment, the agreement must set out the following:

                     (a)  the amount of * daily accommodation payment that would be payable, as agreed under paragraph 52F-1(1)(b);

                     (b)  the amount of * refundable accommodation deposit that would be payable if no daily accommodation payments were paid;

                     (c)  the method for working out amounts that would be payable as a combination of refundable accommodation deposit and daily accommodation payments;

                     (d)  that, if the person pays a refundable accommodation deposit, the approved provider:

                              (i)  must, at the person's request, deduct daily accommodation payments for the person from the refundable accommodation deposit; and

                             (ii)  may require the person to maintain the agreed accommodation payment if the refundable accommodation deposit is reduced;

                     (e)  that, if the person is required to maintain the agreed accommodation payment because the refundable accommodation deposit has been reduced, the person may do so by:

                              (i)  paying daily accommodation payments or increased daily accommodation payments; or

                             (ii)  topping up the refundable accommodation deposit; or

                            (iii)  a combination of both.

             (3)  In relation to an * accommodation contribution, the agreement must set out the following:

                     (a)  that the amount of accommodation contribution for a day will not exceed the amount assessed for the person based on the person's * means tested amount;

                     (b)  that the amount of accommodation contribution payable will vary from time to time depending on:

                              (i)  the * accommodation supplement applicable to the service; and

                             (ii)  the person's means tested amount;

                     (c)  the method for working out amounts that would be payable by:

                              (i)  * refundable accommodation contribution; or

                             (ii)  a combination of * refundable accommodation contribution and * daily accommodation contributions;

                     (d)  that, if the person pays a refundable accommodation contribution, the approved provider:

                              (i)  must, at the person's request, deduct daily accommodation contributions for the person from the refundable accommodation contribution; and

                             (ii)  may require the person to maintain the accommodation contribution that is payable if the refundable accommodation contribution is reduced;

                     (e)  that, if the person is required to maintain the accommodation contribution because the refundable accommodation contribution has been reduced, the person may do so by:

                              (i)  paying * daily accommodation contributions or increased daily accommodation contributions; or

                             (ii)  paying or topping up a * refundable accommodation contribution; or

                             (ii)  a combination of both;

                      (f)  that, if the amount of accommodation contribution that is payable increases, the approved provider may require the person to pay the increase;

                     (g)  that, if the person is required to pay the increase, the person may do so by:

                              (i)  paying daily accommodation contributions or increased daily accommodation contributions; or

                             (ii)  paying or topping up a refundable accommodation contribution; or

                             (ii)  a combination of both.



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