3‑3A Fees and payments3‑3A Fees and payments

#### 3‑3A Fees and payments Care recipients may be required to pay for, or contribute to, the costs of their care and accommodation. Fees and payments are dealt with in Chapter 3A of this Act, and in Divisions 57, 57A, 58 and 60 of the Aged Care (Transitional Provisions) Act 1997. 9 Section 3‑4 Omit “subsidy”, substitute “\*subsidy”. 10 Section 5‑1 Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 11 Section 5‑1 After “Part 2.6 (enabling”, insert “\*accommodation payments, \*accommodation contributions,”. 12 Section 5‑1 (note) Omit “subsidy under Chapter 3”, substitute “subsidy”. 13 Section 5‑2 After “Chapter 3”, insert “of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997”. 14 Section 6‑1 Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 15 Section 7‑1 Omit “subsidy cannot be made under Chapter 3”, substitute “\*subsidy cannot be made”. 16 Subsections 7‑2(1) and (2) Omit “subsidy can only be paid under Chapter 3”, substitute “\*subsidy can only be paid”. 17 Section 9‑3 (heading) Omit “under this Act”. 18 Subsection 9‑3(1) After “this Act”, insert “or the Aged Care (Transitional Provisions) Act 1997”. 19 Section 9‑3A (heading) After “relating to”, insert “refundable deposits,”. 20 Paragraph 9‑3A(1)(a) Before “\*accommodation bonds”, insert “\*refundable deposits or”. 21 Paragraph 9‑3A(1)(b) After “more”, insert “\*refundable deposit balances or”. 22 Paragraph 9‑3A(1)(c) After “total of the”, insert “refundable deposit balances and”. 23 Section 9‑3B (heading) Omit “accommodation bond”. 24 Paragraph 9‑3B(1)(a) Omit “an \*accommodation bond balance as required by section 57‑21”, substitute “a \*refundable deposit balance or an \*accommodation bond balance”. 25 Paragraph 9‑3B(1)(c) After “used”, insert “a \*refundable deposit or”. 26 Paragraph 9‑3B(2)(c) After “more”, insert “\*refundable deposit balances or”. 27 Paragraph 9‑3B(2)(d) After “how”, insert “\*refundable deposits or”. 28 Paragraphs 9‑3B(2)(e) and (f) After “use of”, insert “refundable deposits and”. 29 Section 11‑1 Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 30 Section 11‑4 Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 31 Subsection 12‑1(1) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 32 Subsection 12‑3(1) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 33 Subsections 12‑4(1) and (3) Omit “subsidy”, substitute “\*subsidy”. 34 Subsection 12‑5(1) Repeal the subsection, substitute: (1) The Secretary may, in respect of each type of \*subsidy, determine for the \*places \*available for allocation the proportion of care that must be provided to people of kinds specified in the Allocation Principles. 35 Subsections 12‑6(1) and (2) Omit “subsidy”, substitute “\*subsidy”. 36 Subsection 13‑2(2) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 37 Paragraph 13‑2(3)(b) Omit “subsidy”, substitute “\*subsidy”. 38 Paragraph 13‑2(3)(e) Repeal the paragraph, substitute: (e) 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. 39 Subsection 14‑1(1) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 40 Paragraph 14‑3(a) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 41 Subsection 14‑5(5) Repeal the subsection, substitute: Lump sums paid by continuing care recipients (5) If: (a) a condition imposed on an allocation of \*places to a person requires: (i) 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 (ii) 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 (b) 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; then the continuing care recipient and the pre‑allocation lump sum holder have the same rights, duties and obligations in relation to the charging of an \*accommodation bond or an \*accommodation charge as the continuing care recipient and the pre‑allocation lump sum holder would have under this Act and the Aged Care (Transitional Provisions) Act 1997 if: (c) the continuing care recipient had \*entered the residential care service or flexible care service on the day on which the allocation was made; and (d) 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. Lump sums paid by care recipients other than continuing care recipients (5A) If: (a) 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 (ii) 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 (b) 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; then the non‑continuing care recipient and the pre‑allocation lump sum holder have the same rights, duties and obligations in relation to the charging of a \*refundable deposit as the non‑continuing care recipient and the pre‑allocation lump sum holder would have under this Act if: (c) 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 (d) 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. 42 Paragraph 14‑5(6)(c) After “not”, insert “a \*refundable deposit,”. 43 Paragraph 14‑8(2)(b) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 44 Subsection 15‑1(1) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 45 Subsection 15‑1(2) (note) Omit “Subsidy”, substitute “\*Subsidy”. 46 Paragraph 16‑6(e) Repeal the paragraph, substitute: (e) 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. 47 Paragraph 16‑10(2)(d) Omit “(including, where applicable, retention amounts relating to \*accommodation bonds)”. 48 Paragraph 16‑10(2)(g) After “requirements for”, insert “\*refundable deposits and”. 49 Paragraph 16‑11(a) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 50 Paragraph 16‑11(b) Omit “an”, substitute “a \*refundable deposit balance or”. 51 Paragraph 16‑18(e) Repeal the paragraph, substitute: (e) 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; 52 Subparagraph 18‑2(2)(f)(ii) Repeal the subparagraph, substitute: (ii) \*entry contribution balance; or (iii) \*refundable deposit balance; 53 Subsections 20‑1(1) to (3) Omit “Subsidy cannot be paid under Chapter 3”, substitute “\*Subsidy cannot be paid”. 54 Paragraph 20‑1(3)(b) Omit “Flexible Care”. 55 Section 20‑2 After “Chapter 3”, insert “of this Act or Chapter 3 of the Aged Care (Transitional Provisions) Act 1997”. 56 Paragraph 23‑1(b) Before “the approval”, insert “in the case of flexible care—”. 57 Section 23‑3 Repeal the section, substitute: