146Additional service fees

146 Additional 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: (i) the registered provider was an approved provider in respect of residential care; and (ii) the individual was approved as a recipient of residential care; and (iii) the provider was providing residential care to the individual through a residential care service; and (iv) an agreement for charging an amount for other care or services (as mentioned in paragraph 56‑1(e) of the old Act) was in effect between the provider and the individual. (3) The registered provider may charge the individual an additional service fee in accordance with this section. (4) The additional service fee may be charged only for days in the period of 12 months beginning at the transition time. (5) The amount of the additional service fee may be no more than the amount agreed as mentioned in subparagraph (2)(b)(iv) immediately before the transition time, subject to subsection (6). (6) If the agreement mentioned in subparagraph (2)(b)(iv) provided for the indexation or increase of the amount of the additional service fee, the amount of the additional service fee may be indexed or increased as provided for by the agreement.