Commonwealth Consolidated Acts

AGED CARE (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 57.2

  (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 care through another such service (the prior service ); and

  (ii)   an accommodation bond was paid by the care recipient for entry to the prior service;

  (aa)   the care recipient is not a care recipient eligible for a concessional resident supplement under paragraph   44 - 6(3)(a);

  (b)   the entry must not be for the purpose of the provision of * respite care;

  (c)   the approved provider conducting the residential care service or flexible care service must comply with the prudential requirements (see section   52M - 1 of the Aged Care Act 1997 );

  (d)   the approved provider must, before the recipient enters the service, provide the care recipient with such information about the accommodation bond as is specified in the Aged Care (Transitional Provisions) Principles;

  (e)   the approved provider must have entered into an * accommodation bond agreement (see section   57 - 9) 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 bond as a condition of the care recipient entering the residential care service or flexible care service;

  (g)   the accommodation bond must not exceed the maximum amount under section   57 - 12 or 57 - 13, or paragraph   57 - 14(1)(b), as the case requires, and the care recipient must not be charged more than one accommodation bond in respect of entering the service;

  (h)   the accommodation bond must not be charged if a determination is in force under paragraph   57 - 14(1)(a) that paying an accommodation bond would cause the care recipient financial hardship;

  (i)   payment of the accommodation bond can only be required during a period specified in section   57 - 16;

  (j)   payment of the accommodation bond by periodic payments must meet the requirements set out in section   57 - 17;

  (k)   the approved provider must not use the accommodation bond unless the use of the bond is * permitted (see section   52N - 1 of the Aged Care Act 1997 );

Note:   For the use of bonds charged before 1   October 2011, see Part   2 of Schedule   1 to the Aged Care Amendment Act 2011.

  (ka)   the approved provider must comply with the prudential requirements (see section   52M - 1 of the Aged Care Act 1997 );

  (l)   the approved provider is entitled to income derived from investing the * accommodation bond balance (see section   57 - 18);

  (m)   amounts must not be deducted from the accommodation bond balance, except for amounts deducted under section   57 - 19;

  (o)   the approved provider must not charge an accommodation bond if:

  (i)   a sanction has been imposed on the approved provider under section   63N of the * Quality and Safety Commission Act; and

  (ii)   the sanction prohibits the charging of an accommodation bond for the entry;

  (p)   any other rules specified in the Aged Care (Transitional Provisions) Principles.

  (2)   If, at the end of the 21 days mentioned in paragraph   (1)(e):

  (a)   the approved provider and the care recipient have not entered into an * accommodation bond agreement; and

  (b)   a process under a law of the Commonwealth, a State or a Territory has begun for a person (other than an approved provider) to be appointed, by reason that the care recipient has a mental impairment, as the care recipient's legal representative;

the time limit in that paragraph is extended until the end of 7 days after:

  (c)   the appointment is made; or

  (d)   a decision is made not to make the appointment; or

  (e)   the process ends for some other reason;

or for such further period as the Secretary allows, having regard to any matters specified in the User Rights Principles.