Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A retention amount must not exceed the amount specified in, or worked out in accordance with, the Aged Care (Transitional Provisions) Principles.
(2) The Aged Care (Transitional Provisions) Principles may provide that, in the circumstances specified in the Aged Care (Transitional Provisions) Principles, an approved provider must not deduct any amounts from an * accommodation bond balance in respect of periods specified in the Aged Care (Transitional Provisions) Principles.
(3) Subject to subsections (4) and (5), a retention amount may be deducted from an * accommodation bond balance for each month, or part of a month, during which the care recipient concerned is:
(a) provided with residential care through the residential care service in respect of which the * accommodation bond was paid; or
(b) provided with flexible care through the flexible care service in respect of which the accommodation bond was paid.
(4) Subject to subsection (5), retention amounts may only be deducted during the period of 5 years, or such other period specified in the Aged Care (Transitional Provisions) Principles, starting on the latest of the following days:
(a) the day on which the care recipient * entered the residential care service or flexible care service;
(c) if a determination under paragraph 57 - 14(1)(a) is in force in respect of the care recipient--the day after the day on which the determination ceases to be in force;
(d) such other day as is worked out in accordance with the Aged Care (Transitional Provisions) Principles.
(5) If, before the * accommodation bond was paid, amounts had already been deducted from an * accommodation bond balance in respect of another accommodation bond previously paid by the care recipient, the period of 5 years referred to in subsection (4) is reduced by each month in respect of which a retention amount was so deducted.
Note: The effect of this subsection is that all periods spent in residential care or flexible care after an * accommodation bond is first paid will count towards the 5 year maximum under subsection (4) for deducting retention amounts.
Example: If a care recipient initially spends 6 weeks in residential care and then moves to another residential care service, retention amounts can be deducted for 3 months in respect of the 6 weeks of care (see subsection (6)), but after that only for up to 4 years and 9 months.
(6) For the purposes of this section, if the care recipient is provided with care for 2 months or less, the care recipient is taken, for the purposes of working out retention amounts payable, to have received that care during:
(a) the whole of the month in which the care recipient * entered the residential care service or flexible care service; and
(b) the 2 following months;
unless the Aged Care (Transitional Provisions) Principles specify that care is taken to 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.