Document ID: chunk:federal_register_of_legislation:C2025C00122:section:2:p7
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 2 (pt 7/53)
Character Range: 354456–357399

payments and accommodation contributions

Division 52E—Introduction

52E‑1  What this Part is about

      Care recipients may pay for, or contribute to the cost of, accommodation provided with residential care or eligible flexible care by paying an *accommodation payment or an *accommodation contribution.
      Accommodation payments or accommodation contributions may be paid by:
         • *daily payments; or
         • *refundable deposit; or
         • a combination of refundable deposit and daily payments.

Table of Divisions
52E Introduction
52F Accommodation agreements
52G Rules about accommodation payments and accommodation contributions
52H Rules about daily payments
52J Rules about refundable deposits
52K Financial hardship

52E‑2  The Fees and Payments Principles
  *Accommodation payments and *accommodation contributions 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 52F—Accommodation agreements

52F‑1  Information to be given before person enters residential or eligible flexible care
 (1) Before a person enters a residential care service or an *eligible flexible care service, the provider of the service must:
 (a) give the person:
 (i) an *accommodation agreement; and
 (ii) such other information as is specified in the Fees and Payments Principles; and
 (b) agree with the person, in writing, about the maximum amount that would be payable if the person paid an *accommodation payment for the service.
Note: Whether or not a person pays an accommodation payment depends on their means tested amount, which may not be worked out before they enter the service.
 (2) A flexible care service is an 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