Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 52P.1

Refunding refundable deposit balances

             (1)  In this section:

"refundable deposit " includes an * accommodation bond.

"refundable deposit balance " includes an * accommodation bond balance.

             (2)  If a * refundable deposit is paid for care provided by, or for * entry to, a residential care service or flexible care service, the * refundable deposit balance must be refunded if:

                     (a)  the person who paid the deposit (the care recipient ) dies; or

                     (b)  the care recipient ceases to be provided with:

                              (i)  residential care by the residential care service (other than because the care recipient is on * leave); or

                             (ii)  flexible care provided in a residential setting by the flexible care service.

             (3)  The * refundable deposit balance must be refunded in the way specified in the Fees and Payments Principles.

             (4)  The * refundable deposit balance must be refunded:

                     (a)  if the care recipient dies--within 14 days after the day on which the provider is shown the probate of the will of the care recipient or letters of administration of the estate of the care recipient; or

                     (b)  if the care recipient is to * enter another service to receive residential care:

                              (i)  if the care recipient has notified the provider of the move more than 14 days before the day on which the provider ceased providing care to the care recipient--on the day on which the provider ceased providing that care; or

                             (ii)  if the care recipient so notified the provider within 14 days before the day on which the provider ceased providing that care--within 14 days after the day on which the notice was given; or

                            (iii)  if the care recipient did not notify the provider before the day on which the provider ceased providing that care--within 14 days after the day on which the provider ceased providing that care; or

                     (c)  in any other case--within 14 days after the day on which the event referred to in paragraph (2)(b) happened.



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