Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p4
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 4/53)
Character Range: 347176–349890

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 calculator
           Step 1. Work out the *standard resident contribution for the care recipient using section 52C‑4.
           Step 2. Add the compensation payment fee (if any) for the care recipient for the day in question (see subsection (2)).
           Step 3. Add the means tested care fee (if any) for the care recipient for that day (see subsection (3)).
           Step 4. Subtract the amount of any hardship supplement applicable to the care recipient for the day in question under section 44‑30.
           Step 5. Add any other amounts agreed between the care recipient and the approved provider in accordance with the Fees and Payments Principles.
           Step 6. If, on the day in question, the *place in respect of which residential care is provided to the care recipient has *extra service status, add the extra service fee in respect of the place.
      The result is the maximum daily amount of resident fees for the care recipient.
 (2) The compensation payment fee for a