people from culturally and linguistically diverse backgrounds;

people who live in rural or remote areas;

people who are financially or socially disadvantaged;

veterans;

people who are homeless or at risk of becoming homeless;

care-leavers;

parents separated from their children by forced adoption or removal;

lesbian, gay, bisexual, transgender and intersex people;

people of a kind (if any) specified in the Allocation Principles.

*accommodation bond balance; or

*entry contribution balance;

the person’s eligibility to receive a specified level or levels of care.

whether the approval is limited to a level or levels of care (see subsection 22-2(3));

the Secretary is satisfied that, after the classification was changed, the approved provider gave false, misleading or inaccurate information in another appraisal or reappraisal.

the Secretary is satisfied that, after the classification was changed, the approved provider gave false, misleading or inaccurate information in another appraisal or reappraisal;

the Secretary is satisfied that an approved provider’s residential care service has ceased to be suitable for *certification; or

the Secretary is satisfied that the approved provider’s application for certification of the service contained information that was false or misleading in a material particular;

include the Secretary’s reasons for considering the revocation; and

invite the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and

inform the approved provider that if no submission is made within that period, any revocation will take effect on the day after the last day for making submissions.

the residential care service has ceased to be suitable for certification; or

the approved provider’s application for certification of the service contained information that was false or misleading in a material particular.

the Secretary has notified an approved provider under subsection 39-3(2) that the Secretary is considering revoking the *certification of the approved provider’s residential care service because the service has ceased to be suitable for certification; and

the approved provider has made submissions to the Secretary in accordance with the invitation under paragraph 39-3(2)(b); and

the Secretary is satisfied that the submissions:

propose appropriate action to rectify the unsuitability of the service; or

set out sufficient reason for the unsuitability.

inform the approved provider that, within 14 days after the date of the notice, or within such shorter period as is specified in the notice, the approved provider must give a written undertaking to the Secretary to rectify the unsuitability of the service; and

inform the approved provider that the *certification will be revoked at the time specified in the notice if the undertaking is not given or complied with.

be in a form approved by the Secretary; and

contain a description and acknowledgement of the unsuitability of the service; and

set out the action the approved provider proposes to take to rectify the unsuitability of the service; and

set out the period within which such action will be taken; and

contain an acknowledgement that a failure by the approved provider to comply with the undertaking will result in the *certification being revoked.

revoke the *certification; and

give the approved provider written notice of the revocation.

the Secretary must give a notice to the approved provider in accordance with subsection 39-3A(3); and

subsections 39-3A(4) and (5) have effect.

the approved provider does not provide the further information within the specified time; or

after receiving the further information, the Secretary is not satisfied as mentioned in paragraph 39-3A(1)(c);

revoke the *certification of the approved provider’s residential care service; and

give the approved provider written notice of the revocation.

the approved provider:

provides flexible care to a care recipient who is approved under Part 2.3 in respect of flexible care; or

provides flexible care to a care recipient who is included in a class of people who, under the Flexible Care Subsidy Principles, do not need approval under Part 2.3 in respect of flexible care; or

is taken to provide flexible care in the circumstances set out in the Flexible Care Subsidy Principles; and

to provide such other care and services in accordance with the agreement between the approved provider and the care recipient;

the Secretary is satisfied that:

the person has the skills and experience required to assist an approved provider to comply with its responsibilities under Parts 4.1, 4.2 and 4.3; and

if the person is an individual—the person is not a *disqualified individual; and

if the person is a body corporate—no individuals who are responsible for the executive decisions of the body corporate are disqualified individuals; and

signed by him or her; or

if the person is a body corporate—signed by an officer of the body corporate.

such conditions (if any) as the Secretary determines in writing; and

such other conditions (if any) as are set out in the Residential Care Grant Principles.

within 28 days after receiving the application; or

if the Secretary has requested further information under subsection (4)—within 28 days after receiving the information.

must establish a committee to be known as the Aged Care Financing Authority; and

may establish other committees.

a person was approved under Part 2.1 of the old law as a provider of aged care (whether or not the approval had come into force); and

the approval had not ceased to have effect.

was done under Part 2.2 of the old law and was in force immediately before the commencement time; and

is of a kind specified in Allocation Principles made for the purposes of this subitem;

was given under Part 2.3 of the old law and was in force immediately before the commencement time; and

is of a kind specified in Approval of Care Recipient Principles made for the purposes of this subitem;

required or permitted by this Part to be provided; or

necessary or convenient to be provided in order to carry out or give effect to this Part.

any information provided by the *CEO of the Quality Agency in accordance with the Quality Agency Reporting Principles; and

any other relevant information.

to examine complaints made to the Aged Care Commissioner about the processes for:

(i) accrediting aged care services as mentioned in paragraph 12(a) of the Australian Aged Care Quality Agency Act 2013; and

conducting the quality review of home care services as mentioned in paragraph 12(b) of that Act;

to examine, on the Aged Care Commissioner’s own initiative, the processes for:

(i) accrediting aged care services as mentioned in paragraph 12(a) of the Australian Aged Care Quality Agency Act 2013; and

conducting the quality review of home care services as mentioned in paragraph 12(b) of that Act;

for misbehaviour; or

if the Aged Care Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with his or her creditors; or

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

is appointed on a full-time basis and engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or

is appointed on a part-time basis and engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office; or

fails, without reasonable excuse, to comply with section 95A-8.

the processes mentioned in subparagraphs 95A-1(2)(d)(i) and (ii); and

to approve extra service fees in accordance with Division 35;

in accordance with the Minister under section 52G-3;section 52G-4, to approve accommodation payments that are higher than the maximum amount of accommodation payment determined by

such other functions that are conferred on the Aged Care Pricing Commissioner by this Act;

the functions that are conferred on the Aged Care Pricing Commissioner by any other law of the Commonwealth;

the functions that are specified by the Minister by legislative instrument.

during a vacancy in the office of the Aged Care Pricing Commissioner (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the Aged Care Pricing Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

he or she has the recreation leave entitlements that are determined by the Remuneration Tribunal; and

the Minister may grant the Aged Care Pricing Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

for misbehaviour; or

if the Aged Care Pricing Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

compounds with his or her creditors; or

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

is appointed on a full-time basis and engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; or

is appointed on a part-time basis and engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office; or

fails, without reasonable excuse, to comply with section 95B-8.

the number of applications that were made to the Aged Care Pricing Commissioner during the financial year for approval to charge an accommodation payment that is higher than the maximum amount of accommodation payment determined by the Minister under section 52G-3; and

the number of such applications that were approved, rejected or withdrawn during the financial year; and

the number of applications that were made to the Aged Care Pricing Commissioner during the financial year for approval to charge an extra service fee; and

any other information required by the Commissioner Principles to be included in the report.

the maximum daily accommodation payment amount and a method for working out refundable accommodation deposit amounts; or

methods for working out both:

the maximum daily accommodation payment amount; and

refundable accommodation deposit amounts.

the proportion of care (if any), in respect of the places available for allocation, that must be provided to people of kinds specified in the Allocation Principles.

a condition imposed on an allocation of *places to a person requires:

the refund by the person to a *continuing care recipient, with the consent of the continuing care recipient, of a *pre-allocation lump sum or part of such a sum; or

the forgiveness by the person of an obligation (including a contingent obligation) by a continuing care recipient, with the consent of the continuing care recipient, in relation to a pre-allocation lump sum or part of such a sum; and

the continuing care recipient continues, on the day on which the allocation was made, to be provided with *aged care through the residential care service in relation to entry to which the pre-allocation lump sum was paid or became payable;

the continuing care recipient had *entered the residential care service or flexible care service on the day on which the allocation was made; and

the pre-allocation lump sum were an accommodation bond paid in respect of aged care provided through another residential care service or flexible care service.

a condition imposed on an allocation of *places to a person requires:

(i) the refund by the person to a care recipient (the non-continuing care recipient) who is not a *continuing care recipient, with the consent of the non-continuing care recipient, of a *pre-allocation lump sum or part of such a sum; or

the forgiveness by the person of an obligation (including a contingent obligation) by a non-continuing care recipient, with the consent of the non-continuing care recipient, in relation to a pre-allocation lump sum or part of such a sum; and

the non-continuing care recipient continues, on the day on which the allocation was made, to be provided with *aged care through the residential care service in relation to entry to which the pre-allocation lump sum was paid or became payable;

the non-continuing care recipient had *entered the residential care service or flexible care service on the day on which the allocation was made; and

the pre-allocation lump sum were a refundable deposit paid in respect of aged care provided through another residential care service or flexible care service.

the proportion of care (if any), in respect of the places to be transferred, that must be provided to people of kinds specified in the Allocation Principles.

the proportion of care (if any), in respect of the places to be transferred, that must be provided to people of kinds specified in the Allocation Principles;

*entry contribution balance; or

*refundable deposit balance;

the entry period specified in the Approval of Care Recipients Principles; or

if no such period is specified—the period of 12 months starting on the day after the approval was given.

the consequences of failure by the approved provider to comply with the approved provider’s responsibilities under Part 4.1, 4.2 or 4.3, in particular, that such a failure may lead to the revocation or suspension under Part 4.4 of the certification of the residential care service; and

a payment of a kind specified in the Subsidy Principles.

the following primary supplements as set out in the Subsidy Principles:

the respite supplement;

the oxygen supplement;

the enteral feeding supplement;

the dementia and severe behaviours supplement;

the veterans’ supplement;

the workforce supplement;

any other primary supplement set out in the Subsidy Principles for the purposes of this paragraph.

the adjusted subsidy reduction (see section 44-19);

the compensation payment reduction (see sections 44-20 and 44-20A);

the care subsidy reduction (see sections 44-21 and 44-23).

the Secretary believes on reasonable grounds that a care recipient is entitled to compensation under a judgement, settlement or reimbursement arrangement; and

the Secretary does not have sufficient information to apply section 44-20 in relation to the compensation.

how the person is to give the information or produce the document; and

the period within which the person is to give the information or produce the document; and

the effect of subsection (4).

the basic subsidy amount for the care recipient;

all primary supplement amounts for the care recipient.

the basic subsidy amount for the care recipient;

all primary supplement amounts for the care recipient.

1% of the excess;

17.5% of the difference between the asset free area and the first asset threshold.

2% of the excess;

1% of the difference between the first asset threshold and the second asset threshold;

17.5% of the difference between the asset free area and the first asset threshold.

the amount equal to 2.25 times the *basic age pension amount; or

such other amount as is calculated in accordance with the Subsidy Principles.

the care recipient was provided with *respite care;

a determination was in force under subsection (2) in relation to the care recipient;

the care recipient was included in a class of people specified in the Subsidy Principles.

the care recipient; or

an approved provider that is providing, or is to provide, residential care to the care recipient.

if an application for a determination was made under subsection (5)—within 28 days after the application was made, or, if the Secretary requested further information in relation to the application, within 28 days after receiving the information; or

if such an application was not made—within 28 days after the decision is made.

(a) is taken to include the amount that the Secretary determines to be the value of that income stream that would be included in the value of the person’s assets if Subdivision A of Veterans’ Entitlements Act 1986 applied for the purposes of this Act; andDivision 11 of Part IIIB of the

(b) is taken to exclude the amount that the Secretary determines to be the value of that income stream that would not be included in the value of the person’s assets if Subdivision A of Veterans’ Entitlements Act 1986 applied for the purposes of this Act.Division 11 of Part IIIB of the

(a) is taken to include the amount that the Secretary determines to be the value of that income stream that would be included in the value of the person’s assets if Social Security Act 1991 applied for the purposes of this Act; andDivision 1 of Part 3.12 of the

(b) is taken to exclude the amount that the Secretary determines to be the value of that income stream that would not be included in the value of the person’s assets if Social Security Act 1991 applied for the purposes of this Act.Division 1 of Part 3.12 of the

(a) if the person is receiving an *income support supplement or a *service pension—that would be included in the value of the person’s assets if Subdivisions B and BB of Veterans’ Entitlements Act 1986 applied for the purposes of this Act; andDivision 11 and Subdivision H of Division 11A of Part IIIB of the

(b) otherwise—that would be included in the value of the person’s assets if Social Security Act 1991 applied for the purposes of this Act.Division 2 of Part 3.12 and Division 8 of Part 3.18 of the

the *partner or a *dependent child of the person; or

a carer of the person who:

had occupied the home for the past 2 years; and

was eligible to receive an *income support payment at the time; or

a *close relation of the person who:

had occupied the home for the past 5 years; and

was eligible to receive an *income support payment at the time.

the value of the person’s assets; and

the value of the assets of the person’s *partner.

a stepchild or an adopted child of the person;

someone who would be the stepchild of the person except that the person is not legally married to the person’s partner;

(c) someone who is a child of the person within the meaning of the Family Law Act 1975;

someone included in a class of persons specified for the purposes of this paragraph in the Subsidy Principles.

a parent of the person; or

a sister, brother, child or grandchild of the person; or

a person included in a class of persons specified in the Subsidy Principles.

a person who is legally married to another person, and is not living separately and apart from the person on a permanent basis; or

(b) a person whose relationship with another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section, and who is not living separately and apart from the other person on a permanent basis; orsection 2E of the

a person who lives with another person (whether of the same sex or a different sex) in a de facto relationship, although not legally married to the other person.

the adult:

is legally responsible (whether alone or jointly with another person) for the day-to-day care, welfare and development of the young person; or

is under a legal obligation to provide financial support in respect of the young person; and

in a subparagraph (a)(ii) case—the adult is not included in a class of people specified for the purposes of this paragraph in the Subsidy Principles; and

the young person is not:

in full-time employment; or

(ii) in receipt of a social security pension (within the meaning of the Social Security Act 1991) or a social security benefit (within the meaning of that Act); or

included in a class of people specified in the Subsidy Principles.

a person under 16 years of age;

a person who:

has reached 16 years of age, but is under 25 years of age; and

is receiving full-time education at a school, college or university;

a person included in a class of people specified in the Subsidy Principles.

applies in the approved form for the determination; and

gives the Secretary sufficient information to make the determination.

the person; and

if the Secretary is aware that the person has given an approved provider a copy of the determination—the approved provider.

the hardship supplement (see section 44-30);

any other supplement set out in the Subsidy Principles for the purposes of this paragraph.

the care recipient was provided with residential care (other than *respite care) through the *residential care service in question; and

the care recipient was eligible for accommodation supplement.

on that day:

the care recipient’s *classification level is not the lowest applicable classification level; and

the residential care service is *certified; and

the residential care provided to the care recipient is not provided on an extra service basis; and

(b) on the day (the entry day) on which the care recipient entered the residential care service, the care recipient’s means tested amount was less than the maximum accommodation supplement amount for the entry day.

determined by the Minister by legislative instrument; or

worked out in accordance with a method determined by the Minister by legislative instrument.

the income of a care recipient;

the value of assets held by a care recipient;

the status of the building in which the residential care service is provided;

any other matter specified in the Subsidy Principles.

invite the care recipient and the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and

inform them that if no submissions are made within that period, the revocation takes effect on the day after the last day for making submissions.

if the care recipient and the approved provider received notice under subsection (5) on the same day—the day after that day; or

if they received the notice on different days—the day after the later of those days.

in respect of whom there is in force a *home care agreement for provision of home care provided through the service during the period; and

in respect of whom the approved provider was eligible for home care subsidy during the period.

the levels for care recipients being provided with home care;

any other matters specified in the Subsidy Principles;

any other matters determined by the Minister.

the following primary supplements as set out in the Subsidy Principles:

the oxygen supplement;

the enteral feeding supplement;

the dementia and cognition supplement;

the veterans’ supplement;

the workforce supplement;

any other primary supplement set out in the Subsidy Principles for the purposes of this paragraph.

the compensation payment reduction (see sections 48-5 and 48-6);

the care subsidy reduction (see sections 48-7 and 48-8).

on which the care recipient is provided with home care through the home care service in question; and

that are covered by a compensation entitlement.

the care recipient is entitled to compensation under a judgement, settlement or reimbursement arrangement; and

the compensation takes into account the cost of providing home care to the care recipient on that day; and

the application of compensation payment reductions to the care recipient for preceding days has not resulted in reductions in subsidy that, in total, exceed or equal the part of the compensation that relates, or is to be treated under subsection (5) or (6) as relating, to future costs of providing home care.

the care recipient was provided with home care on that day only; and

this section and sections 48-9 and 48-10 did not apply.

the compensation payment reduction arises from a judgement or settlement that fixes the amount of compensation on the basis that liability should be apportioned between the care recipient and the compensation payer; and

as a result, the amount of compensation is less than it would have been if liability had not been so apportioned; and

the compensation is not paid in a lump sum;

that, for the purposes of this section, the judgement or settlement is to be treated as having taken into account the cost of providing that home care; and

the part of the compensation that, for the purposes of this section, is to be treated as relating to the future costs of providing home care.

a care recipient is entitled to compensation under a settlement; and

the settlement takes into account the future costs of providing home care to the recipient; and

the Secretary is satisfied that the settlement does not adequately take into account the future costs of providing home care to the care recipient;

the Secretary believes on reasonable grounds that a care recipient is entitled to compensation under a judgement, settlement or reimbursement arrangement; and

the Secretary does not have sufficient information to apply section 48-5 in relation to the compensation.

how the person is to give the information or produce the document; and

the period within which the person is to give the information or produce the document.

the sum of the basic subsidy amount for the care recipient and all primary supplements for the care recipient;

50% of the amount by which the care recipient’s total assessable income exceeds the income free area (worked out on a per day basis);

(c) the amount (the first cap) determined by the Minister by legislative instrument for the purposes of this paragraph.

the sum of the basic subsidy amount for the care recipient and all primary supplements for the care recipient;

50% of the amount by which the care recipient’s total assessable income exceeds the income threshold (worked out on a per day basis) plus the amount specified in paragraph (c) of step 4;

(c) the amount (the second cap) determined by the Minister by legislative instrument for the purposes of this paragraph.

the sum of the basic subsidy amount for the care recipient and all primary supplements for the care recipient;

the second cap.

a determination was in force under subsection (2) in relation to the care recipient;

the care recipient was included in a class of people specified in the Subsidy Principles.

the care recipient; or

an approved provider that is providing, or is to provide, home care to the care recipient.

if an application for a determination was made under subsection (5)—within 28 days after the application was made, or, if the Secretary requested further information in relation to the application, within 28 days after receiving the information; or

if such an application was not made—within 28 days after the decision is made.

the hardship supplement (see section 48-10);

any other supplement set out in the Subsidy Principles for the purposes of this paragraph.

the care recipient was provided with home care through the home care service in question; and

the care recipient was eligible for a hardship supplement.

the Subsidy Principles specify one or more classes of care recipients to be care recipients for whom paying a daily amount of home care fees of more than the amount specified in the Principles would cause financial hardship; and

on that day, the care recipient is included in such a class.

determined by the Minister by legislative instrument; or

worked out in accordance with a method determined by the Minister by legislative instrument.

the care recipient; or

an approved provider who is providing, or is to provide, home care to the care recipient.

within 28 days after receiving the notice; or

within such other period as is specified in the notice.

within 28 days after receiving the application; or

if the Secretary has requested further information under subsection (5)—within 28 days after receiving the information.

any period at the end of which; or

any event on the occurrence of which;

invite the care recipient and the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and

inform them that if no submissions are made within that period, the revocation takes effect on the day after the last day for making submissions.

if the care recipient and the approved provider received notice under subsection (5) on the same day—the day after that day; or

if they received the notice on different days—the day after the later of those days.

subject to section 52C-5, the resident fee in respect of any day must not exceed the sum of:

the maximum daily amount worked out under section 52C-3; and

such other amounts as are specified in, or worked out in accordance with, the Fees and Payments Principles;

the care recipient must not be required to pay resident fees more than one month in advance;

the care recipient must not be required to pay resident fees for any period prior to *entry to the residential care service, other than for a period in which the care recipient is, because of subsection 42-3(3), taken to be on *leave under section 42-2;

if the care recipient dies or departs from the service—any fees paid in advance in respect of a period occurring after the care recipient dies or leaves must be refunded in accordance with the Fees and Payments Principles.

the amount equal to the care subsidy reduction applicable to the care recipient on that day (see sections 44-21 and 44-23); or

if the care recipient is receiving respite care—zero.

the amount determined by the Minister by legislative instrument; or

if no amount is determined under paragraph (a) for the care recipient—the amount obtained by rounding down to the nearest cent the amount equal to 85% of the *basic age pension amount (worked out on a per day basis).

a care recipient is absent from a residential care service on a particular day; and

the person is not on *leave from the residential care service on that day because of the operation of paragraph 42-2(3)(c);

the maximum daily amount under section 52C-3 that would have been payable by the care recipient if the care recipient had been provided with residential care through the residential care service on that day;

the amount that would have been the amount of *residential care subsidy under Division 44 for the care recipient in respect of that day, if the care recipient had been provided with residential care through the residential care service on that day.

the home care fee in respect of any day must not exceed the sum of:

the maximum daily amount worked out under section 52D-2; and

such other amounts as are specified in, or worked out in accordance with, the Fees and Payments Principles;

the care recipient must not be required to pay home care fees more than one month in advance;

the care recipient must not be required to pay home care fees for any period prior to being provided with the home care;

if the care recipient dies or provision of home care ceases—any fees paid in advance in respect of a period occurring after the care recipient’s death, or the cessation of home care, must be refunded in accordance with the Fees and Payments Principles.

the amount determined by the Minister by legislative instrument; or

if no amount is determined under paragraph (a) for the care recipient—the amount obtained by rounding down to the nearest cent the amount equal to 17.5% of the *basic age pension amount (worked out on a per day basis).

give the person:

an *accommodation agreement; and

such other information as is specified in the Fees and Payments Principles; and

agree with the person, in writing, about the maximum amount that would be payable if the person paid an *accommodation payment for the service.

before, or within 28 days after, the person enters the provider’s service; or

within that period as extended under subsection (2).

the approved provider and the care recipient have not entered into an *accommodation agreement; and

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 appointment is made; or

a decision is made not to make the appointment; or

the process ends for some other reason;

the person’s date (or proposed date) of *entry to the service;

that the person will pay an *accommodation payment if:

the person’s *means tested amount at the date of entry is equal to, or greater than, the *maximum accommodation supplement amount for that day; or

the person does not provide sufficient information to allow the person’s means tested amount to be worked out;

that, if the person’s means tested amount at the date of entry is less than the maximum accommodation supplement amount for that day, the person may pay an *accommodation contribution, depending on the person’s means tested amount;

that a determination under section 52K-1 (financial hardship) may reduce the accommodation payment or accommodation contribution, including to nil;

that, within 28 days after the date of entry, the person must choose to pay the accommodation payment or accommodation contribution (if payable) by:

*daily payments; or

*refundable deposit; or

a combination of refundable deposit and daily payments;

that, if the person does not choose how to pay within those 28 days, the person must pay by daily payments;

that, if the person chooses to pay a refundable deposit within those 28 days:

the person will not be required to pay the refundable deposit until 6 months after the date of entry; and

daily payments must be paid until the refundable deposit is paid;

the amounts that are permitted to be deducted from a refundable deposit;

the circumstances in which a refundable deposit balance must be refunded;

any other conditions relating to the payment of a refundable deposit;

such other matters as are specified in the Fees and Payments Principles.

the amount of *daily accommodation payment that would be payable, as agreed under paragraph 52F-1(1)(b);

the amount of *refundable accommodation deposit that would be payable if no daily accommodation payments were paid;

the method for working out amounts that would be payable as a combination of refundable accommodation deposit and daily accommodation payments;

that, if the person pays a refundable accommodation deposit, the approved provider:

must, at the person’s request, deduct daily accommodation payments for the person from the refundable accommodation deposit; and

may require the person to maintain the agreed accommodation payment if the refundable accommodation deposit is reduced;

that, if the person is required to maintain the agreed accommodation payment because the refundable accommodation deposit has been reduced, the person may do so by:

paying daily accommodation payments or increased daily accommodation payments; or

topping up the refundable accommodation deposit; or

a combination of both.

that the amount of accommodation contribution for a day will not exceed the amount assessed for the person based on the person’s *means tested amount;

that the amount of accommodation contribution payable will vary from time to time depending on:

the *accommodation supplement applicable to the service; and

the person’s means tested amount;

the method for working out amounts that would be payable by:

*refundable accommodation contribution; or

a combination of *refundable accommodation contribution and *daily accommodation contributions;

that, if the person pays a refundable accommodation contribution, the approved provider:

must, at the person’s request, deduct daily accommodation contributions for the person from the refundable accommodation contribution; and

may require the person to maintain the accommodation contribution that is payable if the refundable accommodation contribution is reduced;

that, if the person is required to maintain the accommodation contribution because the refundable accommodation contribution has been reduced, the person may do so by:

paying *daily accommodation contributions or increased daily accommodation contributions; or

paying or topping up a *refundable accommodation contribution; or

a combination of both;

that, if the amount of accommodation contribution that is payable increases, the approved provider may require the person to pay the increase;

that, if the person is required to pay the increase, the person may do so by:

paying daily accommodation contributions or increased daily accommodation contributions; or

paying or topping up a refundable accommodation contribution; or

a combination of both.

a person must not be charged an accommodation payment unless:

the person’s *means tested amount, at the date the person *enters the service, is equal to or greater than the *maximum accommodation supplement amount for that day; or

the person has not provided sufficient information to allow the person’s means tested amount to be worked out;

an accommodation payment must not be charged for *respite care;

an accommodation payment must not exceed the maximum amount determined by the Minister under section 52G-3, or such higher amount as approved by the *Aged Care Pricing Commissioner under section 52G-4;

accommodation payment must not be charged:

if it is prohibited under Part 4.4 (see paragraph 66-1(j)); or

for a residential care service that is not *certified;

an approved provider must comply with:

the rules set out this Division; and

any rules about charging accommodation payments specified in the Fees and Payments Principles.

the maximum *daily accommodation payment amount and a method for working out *refundable accommodation deposit amounts; or

methods for working out both:

the maximum daily accommodation payment amount; and

refundable accommodation deposit amounts.

a residential care service or flexible care service; or

a *distinct part of such a service.

must comply with the requirements set out in the Fees and Payments Principles; and

must not be made:

within the period specified in Fees and Payments Principles after the *Aged Care Pricing Commissioner last made a decision under this section in relation to the service, or the part of the service; or

if no period is specified—within 12 months after that last decision.

within 28 days after the notice is given; or

within such other period as is specified in the notice.

who at the date of approval has not entered into an *accommodation agreement with the approved provider; and

whose *entry to the service occurs on or after the date of the approval.

a person must not be charged an accommodation contribution unless the person’s *means tested amount, at the date the person *enters the service, is less than the *maximum accommodation supplement amount for that day;

an accommodation contribution must not be charged for *respite care;

the amount of accommodation contribution for a day must not exceed:

the accommodation supplement applicable to the service for the day; or

the amount assessed for the person based on the person’s means tested amount;

accommodation contribution must not be charged:

if it is prohibited under Part 4.4 (see paragraph 66-1(j)); or

for a residential care service that is not *certified;

an approved provider must comply with:

the rules set out in this Division; and

any rules about charging accommodation contributions specified in the Fees and Payments Principles.

is payable by the person; and

has been outstanding for more than 1 month.

when *daily payments are to be made; and

any other matter relating to the payment of daily payments.

how a choice to pay a *refundable deposit is to be made; and

any other matter relating to the payment of refundable deposits.

before the end of the period specified in the Fees and Payments Principles after the service is certified; or

if no period is specified—before the end of 6 months after the service is certified.

the person provides sufficient information to allow the person’s *means tested amount to be worked out; and

the person pays, or commits to paying, the amount within 28 days after entering the service; and

payment of the amount would leave the value of the person’s remaining assets at less than the *minimum permissible asset value.

the amount obtained by rounding to the nearest $500.00 (rounding $250.00 upwards) the amount equal to 2.25 times the *basic age pension amount at the time the person *enters the residential care service or flexible care service; or

such higher amount as is specified in, or worked out in accordance with, the Fees and Payments Principles.

in the same way as it would be worked out under section 44-26A for the purposes of section 44-22; but

disregarding subsection 44-26A(7).

the person has requested the deduction in writing; and

the daily payment is payable by the person.

the amounts specified in the Fees and Payments Principles that may be deducted when the person leaves the service;

any amounts that the person has agreed in writing may be deducted;

such other amounts (if any) as are specified in the Fees and Payments Principles.

a person who is liable to pay an *accommodation payment or *accommodation contribution; or

the approved provider to whom an accommodation payment or accommodation contribution is payable.

within 28 days after receiving the notice; or

within such other period as is specified in the notice.

within 28 days after receiving the application; or

if the Secretary has requested further information under subsection (5)—within 28 days after receiving the information.

any period at the end of which; or

any event on the occurrence of which;

invite the person and the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and

inform them that if no submissions are made within that period, the revocation takes effect on the day after the last day for making submissions.

if the person and the approved provider received notice under subsection (5) on the same day—the day after that day; or

if they received the notice on different days—the day after the later of those days.

protection of *refundable deposit balances, *accommodation bond balances and *entry contribution balances of care recipients; and

sound financial management of approved providers; and

provision of information about the financial management of approved providers.

for capital expenditure of a kind specified in the Fees and Payments Principles and in accordance with any requirements specified in those Principles;

to invest in a financial product covered by subsection (3);

to make a loan in relation to which the following conditions are satisfied:

the loan is not made to an individual;

the loan is made on a commercial basis;

there is a written agreement in relation to the loan;

it is a condition of the agreement that the money loaned will only be used as mentioned in paragraph (a) or (b);

the agreement includes any other conditions specified in the Fees and Payments Principles;

to refund, or to repay debt accrued for the purposes of refunding, *refundable deposit balances, *accommodation bond balances or *entry contribution balances;

to repay debt accrued for the purposes of capital expenditure of a kind specified in the Fees and Payments Principles;

to repay debt that is accrued before 1 October 2011, if the debt is accrued for the purposes of providing *aged care to care recipients;

for a use permitted by the Fees and Payments Principles.

(a) any deposit-taking facility made available by an ADI in the course of its banking business (within the meaning of the Banking Act 1959), other than an RSA within the meaning of the Retirement Savings Accounts Act 1997;

a debenture, stock or bond issued or proposed to be issued by the Commonwealth, a State or a Territory;

a security, other than a security of a kind specified in the Fees and Payments Principles;

any of the following in relation to a registered scheme:

an interest in the scheme;

a legal or equitable right or interest in an interest covered by subparagraph (i);

an option to acquire, by way of issue, an interest or right covered by subparagraph (i) or (ii);

a financial product specified in the Fees and Payments Principles.

specified circumstances apply; or

the approved provider complies with conditions specified in, or imposed in accordance with, the Fees and Payments Principles.

the corporation is or has been an approved provider; and

the corporation uses a *refundable deposit or *accommodation bond; and

the use of the deposit or bond is not *permitted; and

both of the following apply at a particular time during the period of 2 years after the use of the deposit or bond:

(i) an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006) has occurred in relation to the corporation;

there has been at least one outstanding accommodation payment balance (within the meaning of that Act) for the corporation.

the individual is one of the *key personnel of an entity that is or has been an approved provider; and

the entity uses a *refundable deposit or *accommodation bond; and

the use of the deposit or bond is not *permitted; and

the individual knew that, or was reckless or negligent as to whether:

the deposit or bond would be used; and

the use of the deposit or bond was not permitted; and

the individual was in a position to influence the conduct of the entity in relation to the use of the deposit or bond; and

the individual failed to take all reasonable steps to prevent the use of the deposit or bond; and

both of the following apply at a particular time during the period of 2 years after the use of the deposit or bond:

(i) an insolvency event (within the meaning of the Aged Care (Accommodation Payment Security) Act 2006 has occurred in relation to the entity;

there has been at least one outstanding accommodation payment balance (within the meaning of that Act) for the entity; and

at the time the deposit or bond was used, the entity was a *corporation.

(a) the person who paid the deposit (the care recipient) dies; or

the care recipient ceases to be provided with:

residential care by the residential care service (other than because the care recipient is on *leave); or

flexible care provided in a residential setting by the flexible care service.

if the care recipient dies—within 14 days after the day on which the provider is shown the probate of the will of the care recipient or letters of administration of the estate of the care recipient; or

if the care recipient is to *enter another service to receive residential care:

if the care recipient has notified the provider of the move more than 14 days before the day on which the provider ceased providing care to the care recipient—on the day on which the provider ceased providing that care; or

if the care recipient so notified the provider within 14 days before the day on which the provider ceased providing that care—within 14 days after the day on which the notice was given; or

if the care recipient did not notify the provider before the day on which the provider ceased providing that care—within 14 days after the day on which the provider ceased providing that care; or

in any other case—within 14 days after the day on which the event referred to in paragraph (2)(b) happened.

a *refundable deposit is paid to a person for care provided by, or *entry to, a residential care service or flexible care service; and

the person ceases to be an approved provider in respect of the residential care service or flexible care service;

(a) if the care recipient dies within 90 days after the day on which the former approved provider ceased to be an approved provider in respect of the residential care service or flexible care service (the 90 day period)—within 14 days after the day on which the former approved provider is shown the probate of the will of the care recipient or letters of administration of the estate of the care recipient; or

if the care recipient is to *enter another service to receive residential care within the 90 day period:

if the care recipient has notified the former approved provider of the move more than 14 days before the day on which the former approved provider ceased providing care to the care recipient—on the day on which the former approved provider ceased providing that care; or

if the care recipient so notified the former approved provider within 14 days before the day on which the former approved provider ceased providing that care—within 14 days after the day on which the notice was given; or

if the care recipient did not notify the former approved provider before the day on which the former approved provider ceased providing that care—within 14 days after the day on which the former approved provider ceased providing that care; or

in any other case—within the 90 day period.

the person is required under this section to refund an amount on a particular day or within a particular period; and

the person does not refund the amount before that day or within that period; and

the person is a *corporation.

a *refundable deposit balance; or

an *accommodation bond balance; or

an *entry contribution balance.

ceases to be provided with residential care by the residential care service (other than because the person is on *leave); or

ceases to be provided with flexible care by the flexible care service.

allow *entry to the person, if:

there are any *places vacant in the service; and

in a case where the service is a residential care service—the person has been approved under Part 2.3 as a recipient of residential care; and

if the person is allowed entry—apply the *refundable deposit balance or *accommodation bond in payment for the service.

if the care recipient is not a *continuing care recipient:

to charge no more for provision of the care and services that it is the approved provider’s responsibility to provide under paragraph 54-1(1)(a) than the amount permitted under Division 52C; and

to comply with the other rules relating to resident fees set out in section 52C-2; and

to comply with the requirements of Part 3A.2 in relation to any *accommodation payment or *accommodation contribution charged to the care recipient;

if the care recipient is a continuing care recipient:

(i) to charge no more for provision of the care and services that it is the approved provider’s responsibility to provide under paragraph 54-1(1)(a) than the amount permitted under Aged Care (Transitional Provisions) Act 1997; andDivision 58 of the

(ii) to comply with the other rules relating to resident fees set out in Aged Care (Transitional Provisions) Act 1997; andsection 58-1 of the

(iii) to comply with Aged Care (Transitional Provisions) Act 1997 in relation to any *accommodation bond, and Division 57A of that Act in relation to any *accommodation charge, charged to the care recipient;Division 57 of the

in relation to an *entry contribution given or loaned under a *formal agreement binding the approved provider and the care recipient—to comply with the requirements of:

the Prudential Standards made under section 52M-1; and

(ii) the Aged Care (Transitional Provisions) Principles made under the Aged Care (Transitional Provisions) Act 1997;

to charge no more than the amount permitted under the Fees and Payments Principles by way of a booking fee for *respite care;

to charge no more for any other care or services than an amount agreed beforehand with the care recipient, and to give the care recipient an itemised account of the other care or services;

to provide such security of tenure for the care recipient’s *place in the service as is specified in the User Rights Principles;

to comply with the requirements of Division 36 in relation to *extra service agreements;

to offer to enter into a *resident agreement with the care recipient, and, if the care recipient wishes, to enter into such an agreement;

to comply with the requirements of Division 62 in relation to *personal information relating to the care recipient;

to comply with the requirements of section 56-4 in relation to resolution of complaints;

to allow people acting for care recipients to have such access to the service as is specified in the User Rights Principles;

to allow people acting for bodies that have been paid *advocacy grants under Part 5.5, or *community visitors grants under Part 5.6, to have such access to the service as is specified in the User Rights Principles;

not to act in a way which is inconsistent with any rights and responsibilities of care recipients that are specified in the User Rights Principles;

such other responsibilities as are specified in the Fees and Payments Principles and the User Rights Principles.

not to charge for the care recipient’s *entry to the service through which the care is, or is to be, provided;

if the care recipient is not a *continuing care recipient:

to charge no more for provision of the care and services that it is the approved provider’s responsibility to provide under paragraph 54-1(1)(a) than the amount permitted under Division 52D; and

to comply with the other rules relating to home care fees set out in section 52D-1;

if the care recipient is a continuing care recipient:

(i) to charge no more for provision of the care and services that it is the approved provider’s responsibility to provide under paragraph 54-1(1)(a) than the amount permitted under Aged Care (Transitional Provisions) Act 1997; andDivision 60 of the

(ii) to comply with the other rules relating to resident fees set out in Aged Care (Transitional Provisions) Act 1997;section 60-1 of the

to charge no more for any other care or services than an amount agreed beforehand with the care recipient, and to give the care recipient an itemised account of the other care or services;

to provide such other care and services in accordance with the agreement between the approved provider and the care recipient;

to provide such security of tenure for the care recipient’s *place in the service as is specified in the User Rights Principles;

to offer to enter into a *home care agreement with the care recipient, and, if the care recipient wishes, to enter into such an agreement;

to comply with the requirements of Division 62 in relation to *personal information relating to the care recipient;

to comply with the requirements of section 56-4 in relation to resolution of complaints;

(j) to allow people acting for bodies that have been paid *advocacy grants under Part 5.5 to have such access to the service as is specified in the User Rights Principles;

not to act in a way which is inconsistent with any rights and responsibilities of care recipients that are specified in the User Rights Principles;

such other responsibilities as are specified in the Fees and Payments Principles and the User Rights Principles.

to charge no more than the amount specified in, or worked out in accordance with, the User Rights Principles, for provision of the care and services that it is the approved provider’s responsibility under paragraph 54-1(1)(a) to provide;

if the care recipient is not a *continuing care recipient—to comply with the requirements of Part 3A.2 in relation to any *accommodation payment charged to the care recipient;

if the care recipient is a continuing care recipient:

(i) to comply with the requirements of Aged Care (Transitional Provisions) Act 1997, and the Aged Care (Transitional Provisions) Principles made under that Act, in relation to any *accommodation bond charged to the care recipient; andDivision 57 of the

(ii) to comply with the requirements of those Principles in relation to any *accommodation charge charged to the care recipient;

in relation to an *entry contribution given or loaned under a *formal agreement binding the approved provider and the care recipient—to comply with the requirements of:

the Prudential Standards made under section 52M-1; and

(ii) the Aged Care (Transitional Provisions) Principles made under the Aged Care (Transitional Provisions) Act 1997;

to charge no more for any other care or services than an amount agreed beforehand with the care recipient, and to give the care recipient an itemised account of the other care or services;

to provide such security of tenure for the care recipient’s *place in the service as is specified in the User Rights Principles;

to comply with any requirements of the Fees and Payments Principles relating to:

offering to enter into an agreement with the care recipient relating to the provision of care to the care recipient; or

entering into such an agreement if the care recipient wishes;

to comply with the requirements of Division 62 in relation to *personal information relating to the care recipient;

to comply with the requirements of section 56-4 in relation to resolution of complaints;

to allow people acting for care recipients to have such access to the service as is specified in the User Rights Principles;

(k) to allow people acting for bodies that have been paid *advocacy grants under Part 5.5 to have such access to the service as is specified in the User Rights Principles;

not to act in a way which is inconsistent with any rights and responsibilities of care recipients that are specified in the User Rights Principles;

such other responsibilities as are specified in the Fees and Payments Principles and the User Rights Principles.

(iv) for the purpose of complying with an obligation under this Act or the Aged Care (Transitional Provisions) Act 1997 or any of the Principles made under section 96-1 of this Act or the Aged Care (Transitional Provisions) Act 1997;

the amounts of *accommodation payments and *accommodation contributions paid; and

the amounts of those accommodation payments and accommodation contributions paid as *refundable deposits and *daily payments; and

prohibiting the charging of *accommodation payments or *accommodating contributions for:

one or more specified residential care services; or

all residential care services; or

one or more specified flexible care services; or

all flexible care services;

(ja) if the approved provider has charged a care recipient an amount of accommodation payment or accommodation contribution (the excess) that is more than the amount permitted under Division 52G—requiring the provider to refund to the care recipient an amount equal to the excess (together with an amount representing interest worked out in accordance with the Fees and Payments Principles) within the period specified in the notice;

if the approved provider has not refunded a *refundable deposit balance, an *accommodation bond balance or an *entry contribution balance to a care recipient as required under Division 52P—requiring the provider to refund to the care recipient an amount equal to the balance (together with an amount representing interest worked out in accordance with the Fees and Payments Principles) within the period specified in the notice;

restricting, during the period specified in the notice, the use of a refundable deposit balance, an accommodation bond balance or an entry contribution balance paid to the approved provider to one or more uses permitted under Division 52N;

this Act provides for a person to apply to the *Aged Care Pricing Commissioner to make a *reviewable decision; and

a period is specified under this Act for giving notice of the decision to the applicant; and

the Aged Care Pricing Commissioner has not notified the applicant of the Commissioner’s decision within that period;

for a request that relates to a reviewable decision other than a reviewable decision under the Secretary:Division 35 or section 52G-4—given to

within 28 days, or such longer period as the Secretary allows, after the day on which the person first received notice of the decision; or

if the decision is a decision under within 90 days, or such longer period as the Secretary allows, after the day on which the person first received notice of the decision; orsection 44-24 to make a determination under subsection 44-24(1) or paragraph 44-24(2)(b), (3)(b) or (4)(b)—

for a request that relates to a reviewable decision under within 28 days, or such longer period as the Aged Care Pricing Commissioner allows, after the day on which the person first received notice of the decision.Division 35 or section 52G-4—given to the *Aged Care Pricing Commissioner

(a) conduct that is carried out in the performance of a function or duty under this Act or the Aged Care (Transitional Provisions) Act 1997 or the exercise of a power under, or in relation to, this Act or the Aged Care (Transitional Provisions) Act 1997; or

(d) whether claims for payments under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 or other payments under this Act or the Aged Care (Transitional Provisions) Act 1997 have been properly made;

(b) assessing whether an approved provider’s claims for payments under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 or other payments under this Act or the Aged Care (Transitional Provisions) Act 1997 have been properly made;

(b) assessing whether an approved provider’s claims for payments under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 or other payments under this Act or the Aged Care (Transitional Provisions) Act 1997 have been properly made;

(b) assessing whether an approved provider’s claims for payments under Chapter 3 of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997 or other payments under this Act or the Aged Care (Transitional Provisions) Act 1997 have been properly made;

a *continuing residential care recipient; or

a *continuing home care recipient; or

a *continuing flexible care recipient.

*entered a flexible care service before 1 July 2014; and

has not:

ceased to be provided with flexible care by a flexible care service for a continuous period of more than 28 days (other than because the person is on *leave); or

before moving to another flexible care service, made a written choice, in accordance with the Fees and Payments Principles, to be covered by Chapters 3 and 3A of this Act in relation to the other service.

*entered a home care service before 1 July 2014; and

has not:

ceased to be provided with home care by a home care service for a continuous period of more than 28 days (other than because the person is on *leave); or

before moving to another home care service, made a written choice, in accordance with the Fees and Payments Principles, to be covered by Chapters 3 and 3A of this Act in relation to the other service.

*entered a residential care service before 1 July 2014; and

has not:

ceased to be provided with residential care by a residential care service for a continuous period of more than 28 days (other than because the person is on *leave); or

before moving to another residential care service, made a written choice, in accordance with the Fees and Payments Principles, to be covered by Chapters 3 and 3A of this Act in relation to the other service.

accrues daily; and

is paid by periodic payment.

accrues daily; and

is paid by periodic payment.

*daily accommodation payment; or

*daily accommodation contribution.