Document ID: chunk:federal_register_of_legislation:C2016C00170:clause:3_149:p7
Version: federal_register_of_legislation:C2016C00170
Segment Type: clause
Provision Reference: sch 3 cl 149 (pt 7/18)
Character Range: 129433–132523

that, if the person is required to maintain the accommodation contribution because the refundable accommodation contribution has been reduced, the person may do so by:
 (i) paying *daily accommodation contributions or increased daily accommodation contributions; or
 (ii) paying or topping up a *refundable accommodation contribution; or
 (ii) a combination of both;
 (f) that, if the amount of accommodation contribution that is payable increases, the approved provider may require the person to pay the increase;
 (g) that, if the person is required to pay the increase, the person may do so by:
 (i) paying daily accommodation contributions or increased daily accommodation contributions; or
 (ii) paying or topping up a refundable accommodation contribution; or
 (ii) a combination of both.

52F‑4  Refundable deposit not to be required for entry
  The approved provider must not require the person to choose how to pay an *accommodation payment or *accommodation contribution before the person *enters the service.

52F‑5  Accommodation agreements for flexible care
  If the *accommodation agreement is for a flexible care service, the accommodation agreement is not required to deal with the matters in section 52F‑3 to the extent that they relate to *accommodation contributions.

52F‑6  Accommodation agreements may be included in another agreement
  The *accommodation agreement may be included in another agreement.
Note: For example, an accommodation agreement could be part of a resident agreement.

52F‑7  Effect of accommodation agreements
  The *accommodation agreement has effect subject to this Act, and any other law of the Commonwealth.

Division 52G—Rules about accommodation payments and accommodation contributions

52G‑1  What this Division is about

      *Accommodation payments and *accommodation contributions may be charged only in accordance with this Division.
      Rules about *daily payments and *refundable deposits are set out in Divisions 52H and 52J.

Table of Subdivisions
52G‑A Rules about accommodation payments
52G‑B Rules about accommodation contributions

Subdivision 52G‑A—Rules about accommodation payments

52G‑2  Rules about charging accommodation payments
  The rules for charging *accommodation payment for a residential care service or *eligible flexible care service are as follows:
 (a) a person must not be charged an accommodation payment unless:
 (i) the person's *means tested amount, at the date the person *enters the service, is equal to or greater than the *maximum accommodation supplement amount for that day; or
 (ii) the person has not provided sufficient information to allow the person's means tested amount to be worked out;
 (b) an accommodation payment must not be charged for *respite care;
 (c) an accommodation payment must not exceed the maximum amount determined by the Minister under section 52G‑3, or such higher amount as approved by the *Aged Care Pricing Commissioner under section 52G‑4;
 (d) accommodation payment must not be charged:
 (i) if it is prohibited under Part 4.4 (see paragraph 66‑1(j)); or
 (ii)