Document ID: chunk:federal_register_of_legislation:C2024A00104:section:284
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 284
Character Range: 453115–454996

284  Fees for higher everyday living
 (1) A registered provider that delivers funded aged care services through the service group residential care to an individual may charge the individual an additional amount (the higher everyday living fee) for or in connection with a particular funded aged care service.
 (2) The higher everyday living fee for the individual for the service is the amount agreed (the agreed amount) between the registered provider and the individual in a written agreement (the higher everyday living agreement):
 (a) that is entered into in accordance with any requirements prescribed by the rules; and
 (b) that otherwise complies with any requirements prescribed by the rules.
Note: The higher everyday living agreement for an individual may be included in another agreement the individual enters into with the registered provider under or for the purposes of this Act.
 (3) Without limiting paragraph (2)(b), rules made for the purposes of that paragraph must include a requirement that the higher everyday living agreement state that the agreed amount is subject to indexation in accordance with the rules.
 (4) The registered provider must not charge the individual the higher everyday living fee for a service delivered on a day that occurs prior to the day the registered provider and individual enter into the higher everyday living agreement.
 (5) The registered provider must not, before the individual's start day:
 (a) ask the individual to pay a higher everyday living fee for a service; or
 (b) offer to enter a higher everyday living agreement with the individual.
 (6) Despite subsection (1), the registered provider must not:
 (a) charge the individual a higher everyday living fee in circumstances prescribed by the rules; or
 (b) enter into a higher everyday living agreement with the individual in circumstances prescribed by the rules.