145Extra service fees

145 Extra service fees

(1) This section is made for the purposes of section 285A of the new Act. (2) This section applies in relation to a registered provider and an individual if: (a) the registered provider is delivering funded aged care services to the individual in an approved residential care home; and (b) immediately before the transition time, under the old Act, an extra service agreement was in force between the individual and the provider that was entered into in accordance with section 36‑2 of the old Act and that met the requirements of section 36‑3 of the old Act. (3) The registered provider may charge the individual an extra service fee in accordance with this section. (4) The extra service fee may be charged only for days in the period of 12 months beginning at the transition time. (5) The amount of the extra service fee may be no more than the amount of the extra service fee under the old Act immediately before the transition time, subject to subsection (6). (6) If the extra service agreement provided for the indexation or increase of the amount of the extra service fee, the amount of the extra service fee may be indexed or increased as provided for by the agreement.