Document ID: chunk:federal_register_of_legislation:C2016C00170:clause:3_149:p8
Version: federal_register_of_legislation:C2016C00170
Segment Type: clause
Provision Reference: sch 3 cl 149 (pt 8/18)
Character Range: 132274–135157

the Minister under section 52G‑3, or such higher amount as approved by the *Aged Care Pricing Commissioner under section 52G‑4;
 (d) accommodation payment 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 this Division; and
 (ii) any rules about charging accommodation payments specified in the Fees and Payments Principles.

52G‑3  Minister may determine maximum amount of accommodation payment
 (1) The Minister may, by legislative instrument, determine the maximum amount of *accommodation payment that an approved provider may charge a person.
 (2) The determination may set out:
 (a) the maximum *daily accommodation payment amount and a method for working out *refundable accommodation deposit amounts; or
 (b) methods for working out both:
 (i) the maximum daily accommodation payment amount; and
 (ii) refundable accommodation deposit amounts.
 (3) The approved provider may charge less than the maximum amount.

52G‑4  Aged Care Pricing Commissioner may approve higher maximum amount of accommodation payment
 (1) An *approved provider may apply to the *Aged Care Pricing Commissioner for approval to charge an *accommodation payment that is higher than the maximum amount of accommodation payment determined by the Minister under section 52G‑3 for:
 (a) a residential care service or flexible care service; or
 (b) a *distinct part of such a service.
 (2) The application:
 (a) must comply with the requirements set out in the Fees and Payments Principles; and
 (b) must not be made:
 (i) within the period specified in Fees and Payments Principles after the *Aged Care Pricing Commissioner last made a decision under this section in relation to the service, or the part of the service; or
 (ii) if no period is specified—within 12 months after that last decision.
 (3) If the *Aged Care Pricing Commissioner needs further information to determine the application, the Commissioner may give to the applicant a notice requiring the applicant to give the further information:
 (a) within 28 days after the notice is given; or
 (b) within such other period as is specified in the notice.
 (4) The application is taken to have been withdrawn if the information is not given within whichever of those periods applies. The notice under subsection (3) must contain a statement setting out the effect of this subsection.
 (5) The *Aged Care Pricing Commissioner may, in writing and in accordance with the Fees and Payments Principles, approve the 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