Document ID: chunk:federal_register_of_legislation:C2025C00143:section:2:p6
Version: federal_register_of_legislation:C2025C00143
Segment Type: section
Provision Reference: s 2 (pt 6/9)
Character Range: 148369–151270

have been provided for a shorter period.
Example: A care recipient who *entered a residential care service on 20 January and left on 3 March would be taken to have received care for the whole of January, February and March. Therefore, retention amounts could be deducted for each of these months.
 (7) Deduction of retention amounts must comply with any other requirements specified in the Aged Care (Transitional Provisions) Principles.

Division 57A—What are the responsibilities relating to accommodation charges?

57A‑1  What this Division is about
      If an approved provider charges an *accommodation charge for the *entry of a care recipient to a residential care service, several rules must be followed. These relate particularly to *accommodation charge agreements, the amount of the charge that accrues and its payment, and treatment of charge payments received.

Table of Subdivisions
57A‑A The basic rules
57A‑B Accommodation charge agreements
57A‑C Daily accrual amounts of accommodation charges
57A‑D Payment of accommodation charges

Subdivision 57A‑A—The basic rules

57A‑2  Basic rules about accommodation charges
 (1) The rules relating to charging an *accommodation charge for the *entry of a person to a residential care service as a care recipient are as follows:
 (a) subject to this subsection, an accommodation charge 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 care through another such service (the prior service); and
 (ii) an accommodation charge was payable by the care recipient for entry to the prior service;
 (b) the care recipient is not a care recipient eligible for a concessional resident supplement under paragraph 44‑6(3)(a);
 (c) the entry must not be for the purpose of the provision of *respite care;
 (d) the approved provider must, before the care recipient enters the service, provide the care recipient with such information about the accommodation charge as is specified in the Aged Care (Transitional Provisions) Principles;
 (e) the approved provider must have entered into an *accommodation charge agreement (see section 57A‑3) with the care recipient before, or within 21 days after, the care recipient entered the service;
Note: This time limit is extended in some cases if certain legal processes relating to the care recipient's mental impairment are in progress—see subsection (2) of this section.
 (f) another person must not be required to pay the accommodation charge as a condition of the care recipient entering the residential care service;
 (g) the daily amount at which the accommodation charge accrues must not exceed the maximum provided for by section 57A‑6 or 57A‑8A or paragraph 57A‑9(1)(b) and the care recipient must not be charged more than one accommodation