Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 1099E

Scope of Division

  (1)   This Division applies to a person if:

  (a)   at any time from the beginning of 1   October 1997 until the end of 5   November 1997, the person became liable to pay an accommodation bond for entry to a residential care service; and

  (b)   either an accommodation charge would have been payable for the entry, or the person would have been a charge exempt resident, had section   44 - 8B and Division   57A of the Aged Care (Transitional Provisions) Act 1997 been in force at the time of the entry; and

  (c)   the person later made an agreement (a refund agreement ) with the provider of the service that the person's liability to pay an accommodation bond for the entry was to be replaced with a liability to pay an accommodation charge for the entry, and that any payment of any of the bond was to be refunded to the person.

Note:   For accommodation bond , accommodation charge and charge exempt resident , see subsection   11(1).

  (2)   This Division also applies to a person if the Secretary is satisfied that:

  (a)   on or before 5   November 1997, the person sold his or her principal home for the sole or principal purpose of raising money to pay an accommodation bond for entry to a residential care service; and

  (b)   either an accommodation charge would have been payable for the entry, or the person would have been a charge exempt resident, had section   44 - 8B and Division   57A of the Aged Care Act 1997 been in force at the time of the entry.

Note:   For accommodation bond , accommodation charge and charge exempt resident , see subsection   11(1).

  (3)   This Division also applies to the partner of a person covered by subsection   (1) or (2) (even if the person so covered is now deceased).

  (4)   For the purposes of subsection   (2), the time at which a person sells his or her home is the time when he or she comes under a legal obligation to transfer the home to the buyer.


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