Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 52J.5

Person must be left with minimum assets

  (1)   An approved provider must not accept payment of an amount of * refundable deposit from a person if:

  (a)   the person provides sufficient information to allow the person's * means tested amount to be worked out; and

  (b)   the person pays, or commits to paying, the amount within 28 days after entering the service; and

  (c)   payment of the amount would leave the value of the person's remaining assets at less than the * minimum permissible asset value.

  (2)   The minimum permissible asset value is:

  (a)   the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) the amount equal to 2.25 times the * basic age pension amount at the time the person * enters the residential care service or flexible care service; or

  (b)   such higher amount as is specified in, or worked out in accordance with, the Fees and Payments Principles.

  (3)   The value of a person's assets is to be worked out:

  (a)   in the same way as it would be worked out under section   44 - 26A for the purposes of section   44 - 22; but

  (b)   disregarding subsection   44 - 26A(7).


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