Document ID: chunk:federal_register_of_legislation:C2016C00170:clause:3_149:p10
Version: federal_register_of_legislation:C2016C00170
Segment Type: clause
Provision Reference: sch 3 cl 149 (pt 10/18)
Character Range: 137505–140251

care service is not *certified.

52H‑3  Charging interest
 (1) A person may be charged interest on the balance of any amount of *daily payment that:
 (a) is payable by the person; and
 (b) has been outstanding for more than 1 month.
 (2) Subsection (1) does not apply unless the person's *accommodation agreement provides for the charging of such interest at a specified rate.
 (3) However, the rate charged must not exceed the maximum rate determined by the Minister under subsection (4).
 (4) The Minister may, by legislative instrument, determine the maximum rate of interest that may be charged on an outstanding amount of *daily payment.

52H‑4  The Fees and Payments Principles
  The Fees and Payments Principles may specify:
 (a) when *daily payments are to be made; and
 (b) any other matter relating to the payment of daily payments.

Division 52J—Rules about refundable deposits

52J‑2  When refundable deposits can be paid
 (1) A person may choose to pay a *refundable deposit at any time after the person has entered into an *accommodation agreement.
 (2) A person may increase the amount of a *refundable deposit at any time after the person has paid the refundable deposit.
Note: A person cannot overpay a refundable deposit: see section 52G‑5 and paragraph 52G‑6(c).
 (3) This section has effect despite paragraphs 52F‑3(1)(e) and (f).
Note: For rules relating to the management of refundable deposits, see Part 3A.3.

52J‑3  The Fees and Payments Principles
  The Fees and Payments Principles may specify:
 (a) how a choice to pay a *refundable deposit is to be made; and
 (b) any other matter relating to the payment of refundable deposits.

52J‑4  Residential care services that are not certified

Entering a service that is not certified
 (1) The provider of a residential care service that is not *certified must not require payment of a *refundable deposit:
 (a) before the end of the period specified in the Fees and Payments Principles after the service is certified; or
 (b) if no period is specified—before the end of 6 months after the service is certified.

Certification of service is revoked
 (2) If a person pays a *refundable deposit for a residential care service and the *certification of the service is later revoked, the provider of the service must pay the person interest, in accordance with the Fees and Payments Principles, on the *refundable deposit balance for each day that the service is not certified.

52J‑5  Person must be left with minimum assets
 (1) An approved provider must not accept payment of an amount of *refundable deposit from a person if:
 (a) the person provides sufficient information to allow the person's *means tested amount to be worked out; and
 (b) the person pays, or commits to