Document ID: chunk:federal_register_of_legislation:C2025C00143:section:2:p1
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 2 (pt 1/9)
Character Range: 135531–138388

2                                              The valuation time is at the entry time      The value of the care recipient's assets at the entry time were the value specified in the determination

57‑13  Maximum amount of accommodation bond if care recipient moves between aged care services
 (1) If paragraph 57‑2(1)(a) applies in relation to the charging of an *accommodation bond for *entry by a care recipient to an *aged care service, the maximum amount of the accommodation bond for the entry of the care recipient to the service is the amount set out in subsection (2) of this section.
 (2) The amount is the *accommodation bond balance that was refunded or is payable to the care recipient under Division 52P of the Aged Care Act 1997 in respect of the *accommodation bond referred to in subparagraph 57‑2(1)(a)(ii).

57‑14  Accommodation bond in cases of financial hardship
 (1) The Secretary may determine, in accordance with the Aged Care (Transitional Provisions) Principles, that a person:
 (a) must not be charged an *accommodation bond because payment of an accommodation bond would cause the person financial hardship; or
 (b) must not be charged an accommodation bond of more than a specified maximum amount because payment of more than that amount would cause the person financial hardship.
Note: Refusals to make determinations are reviewable under Part 6.1.
 (2) Without limiting the circumstances that constitute financial hardship for the purposes of this section, such circumstances include any circumstances specified in the Aged Care (Transitional Provisions) Principles.
 (3) The determination ceases to be in force at the end of a specified period or on the occurrence of a specified event, if the determination so provides.
Note: Decisions to specify periods or events are reviewable under Part 6.1.
 (4) Application may be made to the Secretary, in the form approved by the Secretary, for a determination under subsection (1) that payment of an *accommodation bond, or an accommodation bond of more than a specified maximum amount, would cause the person financial hardship. The application may be made by:
 (a) the person; or
 (b) an approved provider to which the accommodation bond, or a larger accommodation bond, would otherwise be paid.
 (5) If the Secretary needs further information to determine the application, the Secretary may give to the applicant a notice requiring the applicant to give the further information:
 (a) within 28 days after receiving the notice; or
 (b) within such other period as is specified in the notice.
The application is taken to have been withdrawn if the information is not given within whichever of those periods applies. The notice must contain a statement setting out the effect of this subsection.
Note: The period for giving the further information can be extended—see section 96‑7.