Document ID: chunk:federal_register_of_legislation:C2025C00122:section:5:p17
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 5 (pt 17/54)
Character Range: 80678–83507

to entry to which the pre‑allocation lump sum was paid or became payable;
then the non‑continuing care recipient and the pre‑allocation lump sum holder have the same rights, duties and obligations in relation to the charging of a *refundable deposit as the non‑continuing care recipient and the pre‑allocation lump sum holder would have under this Act if:
 (c) the non‑continuing 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 a refundable deposit 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 a *refundable deposit, an *accommodation bond, an *entry contribution or an *unregulated lump sum.

14‑6  Conditions relating to allocations generally
 (1) An allocation of *places to a person is also subject to such conditions as are from time to time determined by the Secretary, in writing, in respect of:
 (a) allocations of places generally; or
 (b) allocations of places of a specified kind that includes the allocation of places in question.
 (2) In making a determination under subsection (1), the Secretary must have regard to any matters specified in the Allocation Principles.
 (3) Conditions determined under this section apply to allocations that occurred before or after the determination is made, unless the determination specifies otherwise.
Note: Approved providers have a responsibility under Part 4.3 to comply with the conditions to which the allocation is subject. Failure to comply with a responsibility can result in a sanction being imposed under Part 7B of the *Quality and Safety Commission Act.

14‑7  Allocation of places to services with extra service status
 (1) The Secretary must not approve the allocation of *places to a residential care service that has, or a *distinct part of which has, *extra service status unless subsection (2) or (3) applies to the allocation.
 (2) The Secretary may approve the allocation if satisfied that the *places other than the allocated places could, after the allocation, form one or more *distinct parts of the residential care service concerned.
Note: The allocated places would not have *extra service status because of the operation of section 31‑3.
 (3) The Secretary may approve the allocation if satisfied that:
 (a) granting the allocation would be reasonable, having regard to the criteria set out in