Document ID: chunk:federal_register_of_legislation:C2024A00104:section:294:p1
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 294 (pt 1/3)
Character Range: 467770–470741

294  Accommodation agreements
 (1) An accommodation agreement between a registered provider and an individual must set out the following:
 (a) the individual's start day, or proposed start day;
 (b) that the individual will pay an accommodation payment if:
 (i) the individual's daily means tested amount at the individual's start day is equal to, or greater than, the maximum accommodation supplement amount for that day; or
 (ii) the individual has means not disclosed status at the individual's start day;
 (c) that, if the individual's daily means tested amount for the individual's start day is less than the maximum accommodation supplement amount for that day, the individual may pay an accommodation contribution, depending on the individual's daily means tested amount;
 (d) that a fee reduction supplement may reduce the accommodation payment or accommodation contribution (if payable), including to nil;
 (e) that the individual may choose to pay the accommodation payment or accommodation contribution (if payable) by:
 (i) daily payments; or
 (ii) refundable deposit; or
 (iii) a combination of refundable deposit and daily payments;
 (f) that, if the individual does not choose how to pay the accommodation payment or accommodation contribution (if payable), the individual must pay by daily payments;
 (g) that the individual must not pay the accommodation payment or accommodation contribution (if payable) by refundable deposit before the individual's start day;
 (h) the amounts that are permitted to be deducted from a refundable deposit balance;
 (i) that retention amounts must be deducted from a refundable deposit balance within a certain period;
 (j) the circumstances in which a refundable deposit balance must be refunded;
 (k) any other conditions relating to the payment of a refundable deposit;
 (l) such other matters prescribed by the rules.
Note 1: An accommodation 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.
Note 2: An accommodation agreement relates to a bed in an approved residential care home through which ongoing funded aged care services are delivered through the service group residential care to an individual.
 (2) The accommodation agreement must set out the following in relation to an accommodation payment:
 (a) the published accommodation payment amounts for the approved residential care home on the day the agreement is entered into;
 (b) the accommodation payment amount (the agreed accommodation payment amount) agreed between the provider and the individual for an approved residential care home, which must be:
 (i) equal to or less than the published accommodation payment amount applicable to the part of the approved residential care home where the individual's bed is located; and
 (ii) expressed as a refundable accommodation deposit amount; and
 (iii) expressed as a daily accommodation payment