Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This Division applies to a person if:
(a) at any time from the beginning of 1 October 1997 until the end of 5 November 1997, the person became liable to pay an accommodation bond for entry to a residential care service; and
(b) either an accommodation charge would have been payable for the entry, or the person would have been a charge exempt resident, had section 44 - 8B and Division 57A of the Aged Care (Transitional Provisions) Act 1997 been in force at the time of the entry; and
(c) the person later made an agreement (a refund agreement ) with the provider of the service that the person's liability to pay an accommodation bond for the entry was to be replaced with a liability to pay an accommodation charge for the entry, and that any payment of any of the bond was to be refunded to the person.
Note: For accommodation bond , accommodation charge and charge exempt resident , see subsection 11(1).
(2) This Division also applies to a person if the Secretary is satisfied that:
(a) on or before 5 November 1997, the person sold his or her principal home for the sole or principal purpose of raising money to pay an accommodation bond for entry to a residential care service; and
(b) either an accommodation charge would have been payable for the entry, or the person would have been a charge exempt resident, had section 44 - 8B and Division 57A of the Aged Care Act 1997 been in force at the time of the entry.
Note: For accommodation bond , accommodation charge and charge exempt resident , see subsection 11(1).
(3) This Division also applies to the partner of a person covered by subsection (1) or (2) (even if the person so covered is now deceased).
(4) For the purposes of subsection (2), the time at which a person sells his or her home is the time when he or she comes under a legal obligation to transfer the home to the buyer.