Document ID: chunk:federal_register_of_legislation:F2024C00838:reg:75
Version: federal_register_of_legislation:F2024C00838
Segment Type: reg
Provision Reference: reg 75
Character Range: 111527–113255

75  Refund of overpaid accommodation payment or accommodation contribution
 (1) This section applies if a care recipient who is, or was, being provided with residential care through a residential care service or an eligible flexible care service has paid a higher amount of accommodation payment or accommodation contribution than was properly payable.
 (2) The approved provider of the service must refund to the care recipient the difference (the overpaid amount) between the amount of accommodation payment or accommodation contribution that was properly payable and the amount of accommodation payment or accommodation contribution that was paid.
 (3) The care recipient may request the approved provider, in writing, to refund the overpaid amount to the care recipient.
 (4) If the approved provider does not refund the overpaid amount to the care recipient within 28 days after the earlier of:
 (a) the day the approved provider becomes aware of the overpaid amount; and
 (b) if the care recipient makes a request under subsection (3)—the day the approved provider receives the request;
the approved provider must pay an amount of interest relating to the overpaid amount, worked out in accordance with the following formula:
where:
MPIR is the maximum permissible interest rate for the day that is 28 days after the day referred to in paragraph (a) or (b) (as the case requires) of this subsection, worked out using the calculator in section 6.
ND(PP) is the number of days in the period:
 (a) beginning on the day that is 28 days after the day referred to in paragraph (a) or (b) (as the case requires) of this subsection; and
 (b) ending on the day on which the overpaid amount is refunded.
OA is the overpaid amount.