Document ID: chunk:federal_register_of_legislation:C2025C00143:section:2:p4
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 2 (pt 4/8)
Character Range: 166529–169330

required to pay resident fees for any period prior to *entry to the residential care service, other than for a period in which the care recipient is, because of subsection 42‑3(3), taken to be on *leave under section 42‑2;
 (d) if the care recipient dies or departs from the service—any fees paid in advance in respect of a period occurring after the care recipient dies or leaves must be refunded in accordance with the Aged Care (Transitional Provisions) Principles.

58‑2  Maximum daily amount of resident fees
 (1) The maximum daily amount of resident fees payable by the care recipient is the amount worked out as follows:

      Resident fee calculator
           Step 1. Work out the *standard resident contribution for the care recipient using section 58‑3, 58‑3B or 58‑3C (whichever is applicable).
           Step 2. Add the compensation payment reduction (if any) applicable to the care recipient on the day in question (see section 44‑20).
           Step 3. Add the *daily income tested reduction (if any) applicable to the care recipient on that day (see sections 44‑21 to 44‑23).
           Step 4. Subtract the amount of any hardship supplement (expressed as a daily amount) applicable to the care recipient on the day in question under section 44‑30.
           Step 5. Add any other amounts agreed between the care recipient and the approved provider in accordance with the Aged Care (Transitional Provisions) Principles.
           Step 6. If, on the day in question, the *place in respect of which residential care is provided to the care recipient has *extra service status, add the extra service amount in respect of the place worked out under section 58‑5.
      The result is the maximum daily amount of resident fees for the care recipient.
 (2) Steps 2 to 6 of the resident fee calculator in subsection (1) do not apply in relation to a day on which the care recipient is, because of subsection 42‑3(3), taken to be on *leave under section 42‑2.

58‑3  Standard resident contribution

General rule
 (1) The standard resident contribution for a care recipient is the amount obtained by rounding down to the nearest cent an amount equal to 85% of the *basic age pension amount (worked out on a per day basis).

Exceptions
 (2) However, the standard resident contribution for a care recipient who is:
 (a) a *protected resident; or
 (b) a care recipient to whom section 58‑3C applies;
is the amount referred to in subsection 58‑3B(3) or 58‑3C(3) (as the case requires).

58‑3A  Meaning of pre‑September 2009 resident and post‑September 2009 resident

Pre‑September 2009 resident
 (1) A person is a pre‑September 2009 resident if:
 (a) the person is being provided with residential care through a residential care service; and
 (b) either:
 (i) the person *entered a residential