Commonwealth Consolidated Acts

AGED CARE (TRANSITIONAL PROVISIONS) ACT 1997 - SECT 57.9

  (1)   An agreement between an approved provider and a person proposing to * enter, or having entered, as a care recipient to a residential care service, or flexible care service, through which the approved provider provides care is an accommodation bond agreement if it sets out the following:

  (a)   the amount of the * accommodation bond that:

  (i)   will be payable if the care recipient enters the residential care service or flexible care service; or

  (ii)   if the care recipient has already entered the residential care service or flexible care service--is payable;

  (b)   the care recipient's proposed date of entry, or date of entry, to the residential care service or flexible care service;

  (c)   how the accommodation bond is to be paid, and if the accommodation bond is to be paid by periodic payments, the conditions relating to the periodic payments (which must comply with the requirements of section   57 - 17);

  (d)   when the accommodation bond is payable;

  (e)   the amount of each retention amount (within the meaning of section   57 - 20) that will be deducted from the * accommodation bond balance;

  (f)   when retention amounts and other amounts permitted by section   57 - 19 to be deducted from the accommodation bond balance will be deducted;

  (g)   unless the care recipient has already entered the residential care service or flexible care service--the conditions that will apply if the care recipient agrees to pay the accommodation bond but then does not enter the residential care service or flexible care service (including the conditions that will apply if the person chooses not to enter the service);

  (h)   whether agreeing to pay the accommodation bond entitles the care recipient to specific accommodation or additional services within the residential care service or flexible care service;

  (i)   if the accommodation bond is such an amount that, under subsection   44 - 28(3), the care recipient would not be eligible for a * pensioner supplement--any additional resident fees that will be payable by the care recipient as a result of not being so eligible;

  (j)   any financial hardship provisions that apply to the care recipient;

  (k)   the circumstances in which the accommodation bond balance must be refunded and the way the amount of the refund will be worked out;

  (l)   such other matters as are specified in the Aged Care (Transitional Provisions) Principles.

  (2)   The User Rights Principles may specify, but are not limited to, matters relating to the following:

  (a)   the specific entitlements of care recipients arising from entering into an * accommodation bond agreement;

  (d)   a care recipient's obligations;

  (e)   alleviating financial hardship.