Document ID: chunk:federal_register_of_legislation:C2016C00170:clause:3_149:p9
Version: federal_register_of_legislation:C2016C00170
Segment Type: clause
Provision Reference: sch 3 cl 149 (pt 9/18)
Character Range: 134890–137730

higher maximum amount of *accommodation payment specified in the application.
Note: A decision not to approve a higher maximum amount of accommodation payment is reviewable under Part 6.1.
 (6) If the *Aged Care Pricing Commissioner approves the higher maximum amount of *accommodation payment, the amount applies only in relation to a person:
 (a) who at the date of approval has not entered into an *accommodation agreement with the approved provider; and
 (b) whose *entry to the service occurs on or after the date of the approval.
 (7) An approval under subsection (5) is not a legislative instrument.

52G‑5  Accommodation payments must not be greater than amounts set out in accommodation agreements
  An approved provider must not accept a payment that would result in a person paying an amount of *accommodation payment that is greater than the amount set out in the person's *accommodation agreement.

Subdivision 52G‑B—Rules about accommodation contributions

52G‑6  Rules about charging accommodation contribution
  The rules for charging *accommodation contribution for a residential care service are as follows:
 (a) a person must not be charged an accommodation contribution unless the person's *means tested amount, at the date the person *enters the service, is less than the *maximum accommodation supplement amount for that day;
 (b) an accommodation contribution must not be charged for *respite care;
 (c) the amount of accommodation contribution for a day must not exceed:
 (i) the accommodation supplement applicable to the service for the day; or
 (ii) the amount assessed for the person based on the person's means tested amount;
 (d) accommodation contribution must not be charged:
 (i) if it is prohibited under Part 4.4 (see paragraph 66‑1(j)); or
 (ii) for a residential care service that is not *certified;
 (e) an approved provider must comply with:
 (i) the rules set out in this Division; and
 (ii) any rules about charging accommodation contributions specified in the Fees and Payments Principles.
Note: A person who does not provide sufficient information to allow the person's means tested amount to be worked out will be charged an accommodation payment: see paragraph 52G‑2(a).

Division 52H—Rules about daily payments

52H‑1  Payment in advance
  A person must not be required to pay a *daily payment more than 1 month in advance.

52H‑2  When daily payments accrue
 (1) A *daily payment does not accrue for any day after the provision of care to the person ceases.
 (2) A *daily payment does not accrue for a residential care service for any day during which the residential care service is not *certified.

52H‑3  Charging interest
 (1) A person may be charged interest on the balance of any amount of *daily payment that:
 (a) is payable by the person; and
 (b) has been outstanding for more than 1