Document ID: chunk:federal_register_of_legislation:C2016C00170:clause:3_149:p5
Version: federal_register_of_legislation:C2016C00170
Segment Type: clause
Provision Reference: sch 3 cl 149 (pt 5/18)
Character Range: 124156–126916

eligible flexible care service if the service is permitted, under the Fees and Payments Principles, to charge *accommodation payments.

52F‑2  Approved provider must enter accommodation agreement
 (1) An approved provider must enter into an *accommodation agreement with a person:
 (a) before, or within 28 days after, the person enters the provider's service; or
 (b) within that period as extended under subsection (2).
 (2) If, within 28 days after the person (the care recipient) enters the service:
 (a) the approved provider and the care recipient have not entered into an *accommodation agreement; and
 (b) a process under a law of the Commonwealth, a State or a Territory has begun for a person (other than an approved provider) to be appointed, by reason that the care recipient has a mental impairment, as the care recipient's legal representative;
the time limit for entering into the agreement is extended until the end of 7 days after:
 (c) the appointment is made; or
 (d) a decision is made not to make the appointment; or
 (e) the process ends for some other reason;
or for such further period as the Secretary allows, having regard to any matters specified in the Fees and Payments Principles.

52F‑3  Accommodation agreements
 (1) The *accommodation agreement must set out the following:
 (a) the person's date (or proposed date) of *entry to the service;
 (b) that the person will pay an *accommodation payment if:
 (i) the person's *means tested amount at the date of entry is equal to, or greater than, the *maximum accommodation supplement amount for that day; or
 (ii) the person does not provide sufficient information to allow the person's means tested amount to be worked out;
 (c) that, if the person's means tested amount at the date of entry is less than the maximum accommodation supplement amount for that day, the person may pay an *accommodation contribution, depending on the person's means tested amount;
 (d) that a determination under section 52K‑1 (financial hardship) may reduce the accommodation payment or accommodation contribution, including to nil;
 (e) that, within 28 days after the date of entry, the person must 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 person does not choose how to pay within those 28 days, the person must pay by daily payments;
 (g) that, if the person chooses to pay a refundable deposit within those 28 days:
 (i) the person will not be required to pay the refundable deposit until 6 months after the date of entry; and
 (ii) daily payments must be paid until the refundable deposit is paid;
 (h) the amounts