70Variable hostel fees

#### 70 Variable hostel fees (1) If: (a) a person was, immediately before the commencement day, occupying a hostel place (within the meaning of the 1954 Act) in a hostel; and (b) on a day (the day in question) that is: (i) the commencement day; or (ii) a day occurring after the commencement day; the person is \*provided with \*residential care through a \*residential care service corresponding to that hostel; and (c) the person’s interim hostel fee (see subsection (2)) exceeds the maximum daily amount of resident fees payable by the care recipient, as worked out under section 58-2 of the new Act, in respect of the day in question; and (d) if the day in question is not the commencement day—in respect of the commencement day, and any other day after the commencement day but before the day in question, paragraphs (b) and (c) had applied; paragraph 58(1)(a) of the new Act has effect as if the reference in subparagraph 58(1)(a)(i) of the new Act to the maximum daily amount set under section 58-2 of the new Act were a reference to the interim hostel fee set under subsection (2) of this section. (2) The person’s interim hostel fee is whichever is the lesser of the following: (a) the fee that was payable, in accordance with the General Conditions formulated under section 10F of the 1954 Act, for the provision, on the day before the commencement day, of: (i) any hostel care services (within the meaning of the 1954 Act); and (ii) any personal care services (within the meaning of the 1954 Act); in respect of the hostel place that the person occupied, minus any residential care allowance amount for the person; (b) if the person’s income on the day in question, as reviewed at the person’s request by the \*approved provider conducting the \*residential care service, is less than the person’s income on the day before the commencement day (minus any residential care allowance amount for the person)—the amount of the fee referred to in paragraph (a), reduced by the difference between the 2 amounts of income. (3) For the purposes of subsection (2), if, on the day before the commencement of Part 1 of Schedule 3 to this Act: (a) the person is receiving an \*income support payment; and (b) an amount of residential care allowance, worked out under Part 3.12B of the Social Security Act 1991, is included in the person’s rate of payment; the residential care allowance amount for the person is the amount of residential care allowance (worked out on a per day basis) to be so included in respect of the day before that commencement. (4) In working out the person’s income for the purposes of paragraph (2)(b), amounts of income tax or medicare levy payable by the person in respect of the income are to be deducted.