311Refund of refundable deposit balances

311  Refund of refundable deposit balances

Circumstances in which refundable deposit balance must be refunded

 (1) If a refundable deposit is paid to a registered provider, the provider must refund the refundable deposit balance if:

 (a) the individual dies; or

 (i) the registered provider ceases to deliver ongoing funded aged care services to the individual through the service group residential care in the approved residential care home to which the deposit relates (other than because the individual is on leave);

 (ii) the registered provider has not transferred, or is not required to transfer, the refundable deposit balance to another registered provider under section 312.

 (2) The refundable deposit balance must be refunded in the manner prescribed by the rules.

Period within which refundable deposit balance must be refunded

 (3) If paragraph (1)(a) applies, the refundable deposit balance must be refunded:

 (a) if the registered provider is shown the probate of the will of the individual or letters of administration of the estate of the individual—within 14 days after the day on which the provider was so shown; or

 (b) if the circumstances prescribed by the rules apply—within the period prescribed by the rules.

 (4) If paragraph (1)(b) applies, the refundable deposit balance must be refunded in accordance with the following table.

 

• When a refundable deposit balance must be refunded if paragraph (1)(b) applies
• Item If… the refundable deposit balance must be refunded…
• 1 both of the following apply:(a) the individual is to move to another approved residential care home to receive ongoing funded aged care services through the service group residential care;(b) the individual notified the registered provider of the move more than 14 days before the day on which the provider ceased delivering the services mentioned in subparagraph (1)(b)(i) on the day on which the registered provider ceased delivering the services mentioned in subparagraph (1)(b)(i)
• 2 both of the following apply:(a) the individual is to move to another approved residential care home to receive ongoing funded aged care services through the service group residential care;(b) the individual notified the registered provider of the move within 14 days before the day on which the provider ceased delivering the services mentioned in subparagraph (1)(b)(i) within 14 days after the day on which the notice was given to the provider
• 3 both of the following apply:(a) the individual is to move to another approved residential care home to receive ongoing funded aged care services through the service group residential care;(b) the individual did not notify the provider of the move before the day on which the provider ceased delivering the services mentioned in subparagraph (1)(b)(i) within 14 days after the day on which the provider ceased delivering the services mentioned in subparagraph (1)(b)(i)