Document ID: chunk:federal_register_of_legislation:C2008A00140:clause:1_43
Version: federal_register_of_legislation:C2008A00140
Segment Type: clause
Provision Reference: sch 1 cl 43
Character Range: 16640–18402

43  At the end of section 14‑5
Add:

 (5) If:
 (a) a condition imposed on an allocation of *places to a person requires:
 (i) the refund by the person to a care recipient, with the consent of the care recipient, of a *pre‑allocation lump sum or part of such a sum; or
 (ii) the forgiveness by the person of an obligation (including a contingent obligation) by a care recipient, with the consent of the care recipient, in relation to a pre‑allocation lump sum or part of such a sum; and
 (b) the care recipient continues, on the day on which the allocation was made, to be provided with *aged care through the residential care service in relation to entry to which the pre‑allocation lump sum was paid or became payable;
then the care recipient and the pre‑allocation lump sum holder have the same rights, duties and obligations in relation to the charging of an *accommodation bond or an *accommodation charge as the care recipient and the pre‑allocation lump sum holder would have under this Act if:
 (c) the care recipient had *entered the residential care service or flexible care service on the day on which the allocation was made; and
 (d) the pre‑allocation lump sum were an accommodation bond paid in respect of aged care provided through another residential care service or flexible care service.

 (6) A pre‑allocation lump sum is an amount paid or payable to a person (the pre‑allocation lump sum holder) by a care recipient in the following circumstances:
 (a) the amount does not accrue daily;
 (b) the amount is for the care recipient's *entry to a residential care service or flexible care service conducted by the pre‑allocation lump sum holder;
 (c) the amount is not an *accommodation bond, an *entry contribution or an *unregulated lump sum.