Document ID: chunk:federal_register_of_legislation:C2025C00143:section:10:p45
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 10 (pt 45/50)
Character Range: 121466–124337

legislative instrument.

Division 51—On what basis is flexible care subsidy paid?

51‑1  Payment of flexible care subsidy
 (1) *Flexible care subsidy in respect of a particular kind of flexible care is payable in accordance with the Aged Care (Transitional Provisions) Principles.
 (2) The Aged Care (Transitional Provisions) Principles may, in relation to each kind of flexible care, provide for one or more of the following:
 (a) the periods in respect of which *flexible care subsidy is payable;
 (b) the payment of flexible care subsidy in advance;
 (c) the way in which claims for flexible care subsidy are to be made;
 (d) any other matter relating to the payment of flexible care subsidy.

Division 52—What is the amount of flexible care subsidy?

52‑1  Amounts of flexible care subsidy
 (1) The amount of *flexible care subsidy that is payable in respect of a day is the amount:
 (a) determined by the Minister by legislative instrument; or
 (b) worked out in accordance with a method determined by the Minister by legislative instrument.
 (2) The Minister may determine rates of or methods for working out *flexible care subsidy based on any matters determined by the Minister by legislative instrument.

Chapter 4—Responsibilities of approved providers

Part 4.2—User rights

Division 57—What are the responsibilities relating to accommodation bonds?

57‑1  What this Division is about

      If an approved provider charges an *accommodation bond for the *entry of a care recipient to a residential care service or flexible care service, several rules must be followed. These relate particularly to prudential arrangements, *accommodation bond agreements, the amount of the bond and its payment, treatment of income derived from the bond, deductions from the bond and refunding the bond.
      If an approved provider has been given or loaned an *entry contribution, several rules must be followed. Rules set out in Part 3A.3 of the Aged Care Act 1997 relate particularly to prudential arrangements and payment of interest on *entry contribution balances. Other rules are set out in section 71 of the Aged Care (Consequential Provisions) Act 1997.

Table of Subdivisions
57‑A The basic rules
57‑C Accommodation bond agreements
57‑D Amounts of accommodation bonds
57‑E Payment of accommodation bonds
57‑F Rights of approved providers

Subdivision 57‑A—The basic rules

57‑2  Basic rules about accommodation bonds
 (1) The rules relating to charging an *accommodation bond for the *entry of a person to a residential care service, or flexible care service, as a care recipient are as follows:
 (a) subject to this subsection, an accommodation bond must be charged for the entry if:
 (i) the care recipient enters the service within 28 days after the day on which the care recipient ceased (other than because the care recipient is on *leave) being provided with