Document ID: chunk:federal_register_of_legislation:C2016C00170:clause:3_149:p1
Version: federal_register_of_legislation:C2016C00170
Segment Type: clause
Provision Reference: sch 3 cl 149 (pt 1/18)
Character Range: 114018–116852

149  After Chapter 3
Insert:

Chapter 3A—Fees and payments

Division 52A—Introduction

52A‑1  What this Chapter is about

      Care recipients contribute to the cost of their care by paying resident fees or home care fees (see Part 3A.1).
      Care recipients may pay for, or contribute to the cost of, accommodation provided with residential care or eligible flexible care by paying an *accommodation payment or an *accommodation contribution (see Part 3A.2).
      Accommodation payments or accommodation contributions may be paid by:
         • *daily payments; or
         • *refundable deposit; or
         • a combination of refundable deposit and daily payments.
      Rules for managing refundable deposits, *accommodation bonds and *entry contributions are set out in Part 3A.3. Accommodation bonds and entry contributions are paid under the Aged Care (Transitional Provisions) Act 1997.

Part 3A.1—Resident and home care fees

Division 52B—Introduction

52B‑1  What this Part is about
      Care recipients may pay, or contribute to the cost of, residential care and home care by paying resident fees or home care fees.

Table of Divisions
52B Introduction
52C Resident fees
52D Home care fees

52B‑2  The Fees and Payments Principles
  Resident fees and home care fees are also dealt with in the Fees and Payments Principles. Provisions in this Part indicate when a particular matter is or may be dealt with in these Principles.
Note: The Fees and Payments Principles are made by the Minister under section 96‑1.

Division 52C—Resident fees

52C‑2  Rules relating to resident fees
 (1) Fees charged to a care recipient for, or in connection with, residential care provided to the care recipient through a residential care service are resident fees.
 (2) The following apply:
 (a) subject to section 52C‑5, the resident fee in respect of any day must not exceed the sum of:
 (i) the maximum daily amount worked out under section 52C‑3; and
 (ii) such other amounts as are specified in, or worked out in accordance with, the Fees and Payments Principles;
 (b) the care recipient must not be required to pay resident fees more than one month in advance;
 (c) the care recipient must not be 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 Fees and Payments Principles.

52C‑3  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