52F‑3 Accommodation agreements52F‑3 Accommodation agreements

52F‑3 Accommodation agreements

(1) The *accommodation agreement must set out the following: (a) the person’s date (or proposed date) of *entry to the service; (b) that the person will pay an *accommodation payment if: (i) the person’s *means tested amount at the date of entry is equal to, or greater than, the *maximum accommodation supplement amount for that day; or (ii) the person does not provide sufficient information to allow the person’s means tested amount to be worked out; (c) that, if the person’s means tested amount at the date of entry is less than the maximum accommodation supplement amount for that day, the person may pay an *accommodation contribution, depending on the person’s means tested amount; (d) that a determination under section 52K‑1 (financial hardship) may reduce the accommodation payment or accommodation contribution, including to nil; (e) that, within 28 days after the date of entry, the person must choose to pay the accommodation payment or accommodation contribution (if payable) by: (i) *daily payments; or (ii) *refundable deposit; or (iii) a combination of refundable deposit and daily payments; (f) that, if the person does not choose how to pay within those 28 days, the person must pay by daily payments; (g) that, if the person chooses to pay a refundable deposit within those 28 days: (i) the person will not be required to pay the refundable deposit until 6 months after the date of entry; and (ii) daily payments must be paid until the refundable deposit is paid; (h) the amounts that are permitted to be deducted from a refundable deposit; (i) the circumstances in which a refundable deposit balance must be refunded; (j) any other conditions relating to the payment of a refundable deposit; (k) such other matters as are specified in the Fees and Payments Principles. (2) In relation to an *accommodation payment, the agreement must set out the following: (a) the amount of *daily accommodation payment that would be payable, as agreed under paragraph 52F‑1(1)(b); (b) the amount of *refundable accommodation deposit that would be payable if no daily accommodation payments were paid; (c) the method for working out amounts that would be payable as a combination of refundable accommodation deposit and daily accommodation payments; (d) that, if the person pays a refundable accommodation deposit, the approved provider: (i) must, at the person’s request, deduct daily accommodation payments for the person from the refundable accommodation deposit; and (ii) may require the person to maintain the agreed accommodation payment if the refundable accommodation deposit is reduced; (e) that, if the person is required to maintain the agreed accommodation payment because the refundable accommodation deposit has been reduced, the person may do so by: (i) paying daily accommodation payments or increased daily accommodation payments; or (ii) topping up the refundable accommodation deposit; or (ii) a combination of both. (3) In relation to an *accommodation contribution, the agreement must set out the following: (a) that the amount of accommodation contribution for a day will not exceed the amount assessed for the person based on the person’s *means tested amount; (b) that the amount of accommodation contribution payable will vary from time to time depending on: (i) the *accommodation supplement applicable to the service; and (ii) the person’s means tested amount; (c) the method for working out amounts that would be payable by: (i) *refundable accommodation contribution; or (ii) a combination of *refundable accommodation contribution and *daily accommodation contributions; (d) that, if the person pays a refundable accommodation contribution, the approved provider: (i) must, at the person’s request, deduct daily accommodation contributions for the person from the refundable accommodation contribution; and (ii) may require the person to maintain the accommodation contribution that is payable if the refundable accommodation contribution is reduced; (e) that, if the person is required to maintain the accommodation contribution because the refundable accommodation contribution has been reduced, the person may do so by: (i) paying *daily accommodation contributions or increased daily accommodation contributions; or (ii) paying or topping up a *refundable accommodation contribution; or (ii) a combination of both; (f) that, if the amount of accommodation contribution that is payable increases, the approved provider may require the person to pay the increase; (g) that, if the person is required to pay the increase, the person may do so by: (i) paying daily accommodation contributions or increased daily accommodation contributions; or (ii) paying or topping up a refundable accommodation contribution; or (ii) a combination of both.