Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 charge in respect of entering the service;
(h) the accommodation charge must not accrue for any day in contravention of the requirements of section 57A - 7 (which deals with cessation of the provision of care);
(i) the accommodation charge must not be charged if a determination is in force under paragraph 57A - 9(1)(a) that paying an accommodation charge would cause the care recipient financial hardship;
(j) the approved provider must comply with the requirements of section 57A - 11 relating to payment of the accommodation charge;
(k) the care recipient may be required in accordance with section 57A - 12 to pay interest to the approved provider if some or all of the accommodation charge is not paid within the time that section permits;
(m) the approved provider must not charge an accommodation charge 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 charge for the entry;
(n) 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 charge 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 Aged Care (Transitional Provisions) Principles.