Document ID: chunk:federal_register_of_legislation:F2024C00838:reg:25:p1
Version: federal_register_of_legislation:F2024C00838
Segment Type: reg
Provision Reference: reg 25 (pt 1/2)
Character Range: 39514–42254

25  Applications for approval to charge higher maximum accommodation payment amount

Requirements for applications
 (1) For paragraph 52G‑4(2)(a) of the Act, subsections (2) to (5) set out requirements for an application by an approved provider of a residential care service or an eligible flexible care service, under subsection 52G‑4(1) of the Act, for approval to charge an accommodation payment for a room, or a part of a room, in the service that is higher than the Minister's maximum accommodation payment amount.
Note: The higher maximum accommodation payment amount must be expressed as a refundable accommodation deposit amount (see paragraph (4)(b) of this section).
 (2) An application must:
 (a) be in writing; and
 (b) be in a form approved by the Pricing Authority; and
 (c) be accompanied by any information or documents specified by the approved form.
 (3) An application may relate to one or more of any of the following:
 (a) a room that is intended to provide accommodation for one individual person;
 (b) a part of a room that is intended to provide accommodation for 2 or more persons.
However, an application must not relate to more than one service.
 (4) An application must specify:
 (a) each room, or each part of a room, in the residential care service or eligible flexible care service for which approval to charge a higher maximum accommodation payment amount is sought; and
 (b) the higher maximum accommodation payment amount (expressed as a refundable accommodation deposit amount) that the approved provider is seeking approval to charge for the room or the part of the room.
 (5) A different higher maximum accommodation payment amount may be specified under subsection (4) for different rooms, or different parts of a room, in the service.
Note: The Pricing Authority may require an approved provider to give the Pricing Authority further information in relation to an application made under subsection 52G‑4(1) of the Act. The application is taken to have been withdrawn if the information is not given within the required time (see subsections 52G‑4(3) and (4) of the Act).

Period within which application must not be made
 (6) For subparagraph 52G‑4(2)(b)(i) of the Act, the period of 4 months is specified.
Note: The effect of subsection (6) is that an application for approval to charge a higher maximum accommodation payment amount for a room, or a part of a room, in a residential care service or an eligible flexible care service must not be made within 4 months after the Pricing Authority last made a decision under subsection 52G‑4(5) of the Act in relation to that room or that part of the room. However, this restriction does not prevent an application being made in relation to another room,