52P‑4 Delaying refunds to secure re‑entr52P‑4 Delaying refunds to secure re‑entry

#### 52P‑4 Delaying refunds to secure re‑entry (1) This section applies if a person who has paid a \*refundable deposit or \*accommodation bond for care provided by, or \*entry to, a residential care service or flexible care service: (a) ceases to be provided with residential care by the residential care service (other than because the person is on \*leave); or (b) ceases to be provided with flexible care by the flexible care service. (2) The person may agree with the approved provider concerned to delay refunding the \*refundable deposit balance or \*accommodation bond balance on condition that, if the person requests re‑entry to the service, the approved provider must: (a) allow \*entry to the person, if: (i) there are any \*places vacant in the service; and (ii) in a case where the service is a residential care service—the person has been approved under Part 2.3 as a recipient of residential care; and (b) if the person is allowed entry—apply the \*refundable deposit balance or \*accommodation bond in payment for the service. 150 Section 53‑1 (note) Omit “subsidy is payable under Chapter 3”, substitute “subsidy is payable”. 151 Paragraph 54‑1(1)(c) Omit “56‑1(l), 56‑2(i) or 56‑3(j)”, substitute “56‑1(m), 56‑2(k) or 56‑3(l)”. 152 Paragraph 54‑1(2)(a) Omit “subsidy is payable under Chapter 3”, substitute “\*subsidy is payable”. 153 Paragraphs 56‑1(a) to (m) Repeal the paragraphs, substitute: (a) if the care recipient is not a \*continuing care recipient: (i) to charge no more for provision of the care and services that it is the approved provider’s responsibility to provide under paragraph 54‑1(1)(a) than the amount permitted under Division 52C; and (ii) to comply with the other rules relating to resident fees set out in section 52C‑2; and (iii) to comply with the requirements of Part 3A.2 in relation to any \*accommodation payment or \*accommodation contribution charged to the care recipient; (b) if the care recipient is a continuing care recipient: (i) to charge no more for provision of the care and services that it is the approved provider’s responsibility to provide under paragraph 54‑1(1)(a) than the amount permitted under Division 58 of the Aged Care (Transitional Provisions) Act 1997; and (ii) to comply with the other rules relating to resident fees set out in section 58‑1 of the Aged Care (Transitional Provisions) Act 1997; and (iii) to comply with Division 57 of the Aged Care (Transitional Provisions) Act 1997 in relation to any \*accommodation bond, and Division 57A of that Act in relation to any \*accommodation charge, charged to the care recipient; (c) in relation to an \*entry contribution given or loaned under a \*formal agreement binding the approved provider and the care recipient—to comply with the requirements of: (i) the Prudential Standards made under section 52M‑1; and (ii) the Aged Care (Transitional Provisions) Principles made under the Aged Care (Transitional Provisions) Act 1997; (d) to charge no more than the amount permitted under the Fees and Payments Principles by way of a booking fee for \*respite care; (e) to charge no more for any other care or services than an amount agreed beforehand with the care recipient, and to give the care recipient an itemised account of the other care or services; (f) to provide such security of tenure for the care recipient’s \*place in the service as is specified in the User Rights Principles; (g) to comply with the requirements of Division 36 in relation to \*extra service agreements; (h) to offer to enter into a \*resident agreement with the care recipient, and, if the care recipient wishes, to enter into such an agreement; (i) to comply with the requirements of Division 62 in relation to \*personal information relating to the care recipient; (j) to comply with the requirements of section 56‑4 in relation to resolution of complaints; (k) to allow people acting for care recipients to have such access to the service as is specified in the User Rights Principles; (l) to allow people acting for bodies that have been paid \*advocacy grants under Part 5.5, or \*community visitors grants under Part 5.6, to have such access to the service as is specified in the User Rights Principles; (m) not to act in a way which is inconsistent with any rights and responsibilities of care recipients that are specified in the User Rights Principles; (n) such other responsibilities as are specified in the Fees and Payments Principles and the User Rights Principles. 154 Paragraphs 56‑2(a) to (j) Repeal the paragraphs, substitute: (a) not to charge for the care recipient’s \*entry to the service through which the care is, or is to be, provided; (b) if the care recipient is not a \*continuing care recipient: (i) to charge no more for provision of the care and services that it is the approved provider’s responsibility to provide under paragraph 54‑1(1)(a) than the amount permitted under Division 52D; and (ii) to comply with the other rules relating to home care fees set out in section 52D‑1; (c) if the care recipient is a continuing care recipient: (i) to charge no more for provision of the care and services that it is the approved provider’s responsibility to provide under paragraph 54‑1(1)(a) than the amount permitted under Division 60 of the Aged Care (Transitional Provisions) Act 1997; and (ii) to comply with the other rules relating to resident fees set out in section 60‑1 of the Aged Care (Transitional Provisions) Act 1997; (d) to charge no more for any other care or services than an amount agreed beforehand with the care recipient, and to give the care recipient an itemised account of the other care or services; (e) to provide such other care and services in accordance with the agreement between the approved provider and the care recipient; (f) to provide such security of tenure for the care recipient’s \*place in the service as is specified in the User Rights Principles; (g) to offer to enter into a \*home care agreement with the care recipient, and, if the care recipient wishes, to enter into such an agreement; (h) to comply with the requirements of Division 62 in relation to \*personal information relating to the care recipient; (i) to comply with the requirements of section 56‑4 in relation to resolution of complaints; (j) to allow people acting for bodies that have been paid \*advocacy grants under Part 5.5 to have such access to the service as is specified in the User Rights Principles; (k) not to act in a way which is inconsistent with any rights and responsibilities of care recipients that are specified in the User Rights Principles; (l) such other responsibilities as are specified in the Fees and Payments Principles and the User Rights Principles. 155 Paragraphs 56‑3(a) to (k) Repeal the paragraphs, substitute: (a) to charge no more than the amount specified in, or worked out in accordance with, the User Rights Principles, for provision of the care and services that it is the approved provider’s responsibility under paragraph 54‑1(1)(a) to provide; (b) if the care recipient is not a \*continuing care recipient—to comply with the requirements of Part 3A.2 in relation to any \*accommodation payment charged to the care recipient; (c) if the care recipient is a continuing care recipient: (i) to comply with the requirements of Division 57 of the Aged Care (Transitional Provisions) Act 1997, and the Aged Care (Transitional Provisions) Principles made under that Act, in relation to any \*accommodation bond charged to the care recipient; and (ii) to comply with the requirements of those Principles in relation to any \*accommodation charge charged to the care recipient; (d) in relation to an \*entry contribution given or loaned under a \*formal agreement binding the approved provider and the care recipient—to comply with the requirements of: (i) the Prudential Standards made under section 52M‑1; and (ii) the Aged Care (Transitional Provisions) Principles made under the Aged Care (Transitional Provisions) Act 1997; (e) to charge no more for any other care or services than an amount agreed beforehand with the care recipient, and to give the care recipient an itemised account of the other care or services; (f) to provide such security of tenure for the care recipient’s \*place in the service as is specified in the User Rights Principles; (g) to comply with any requirements of the Fees and Payments Principles relating to: (i) offering to enter into an agreement with the care recipient relating to the provision of care to the care recipient; or (ii) entering into such an agreement if the care recipient wishes; (h) to comply with the requirements of Division 62 in relation to \*personal information relating to the care recipient; (i) to comply with the requirements of section 56‑4 in relation to resolution of complaints; (j) to allow people acting for care recipients to have such access to the service as is specified in the User Rights Principles; (k) to allow people acting for bodies that have been paid \*advocacy grants under Part 5.5 to have such access to the service as is specified in the User Rights Principles; (l) not to act in a way which is inconsistent with any rights and responsibilities of care recipients that are specified in the User Rights Principles; (m) such other responsibilities as are specified in the Fees and Payments Principles and the User Rights Principles. 156 Paragraph 56‑5(a) Omit “subsidy is payable under Chapter 3”, substitute “\*subsidy is payable”. 157 Divisions 57, 57A and 58 Repeal the Divisions. 158 Paragraph 59‑1(1)(b) Omit “levels of”. 159 Subsection 59‑1(3) (note) Omit “\*accommodation bond agreement (see section 57‑10) or \*accommodation charge agreement (see section 57A‑4)”, substitute “accommodation agreement (see section 52F‑6)”. 160 Division 60 Repeal the Division. 161 Subparagraph 62‑1(b)(ii) Before “\*accommodation bond”, insert “\*refundable deposit balance or”. 162 Subparagraph 62‑1(b)(ii) After “section 57‑20”, insert “of the Aged Care (Transitional Provisions) Act 1997”. 163 Subparagraph 62‑1(b)(ii) After “pay an”, insert “\*accommodation payment, \*accommodation contribution or”. 164 Subparagraph 62‑1(b)(iv) Repeal the subparagraph, substitute: (iv) for the purpose of complying with an obligation under this Act or the Aged Care (Transitional Provisions) Act 1997 or any of the Principles made under section 96‑1 of this Act or the Aged Care (Transitional Provisions) Act 1997; 165 Paragraph 63‑1(2)(a) Omit “subsidy is payable under Chapter 3”, substitute “\*subsidy is payable”. 166 Subsection 63‑1AA(9) (subparagraph (b)(i) of the definition of reportable assault) Omit “subsidy is payable under Chapter 3”, substitute “\*subsidy is payable”. 167 Paragraph 63‑2(2)(c) Omit “the Act”, substitute “this Act and the Aged Care (Transitional Provisions) Act 1997”. 168 After paragraph 63‑2(2)(c) Insert: (ca) the amounts of \*accommodation payments and \*accommodation contributions paid; and (cb) the amounts of those accommodation payments and accommodation contributions paid as \*refundable deposits and \*daily payments; and 169 Paragraph 66‑1(c) Omit “subsidy under Chapter 3”, substitute “\*subsidy”. 170 After paragraph 66‑1(i) Insert: (ia) prohibiting the charging of \*accommodation payments or \*accommodating contributions for: (i) one or more specified residential care services; or (ii) all residential care services; or (iii) one or more specified flexible care services; or (iv) all flexible care services; conducted by the approved provider; 171 After paragraph 66‑1(j) Insert: (ja) if the approved provider has charged a care recipient an amount of accommodation payment or accommodation contribution (the excess) that is more than the amount permitted under Division 52G—requiring the provider to refund to the care recipient an amount equal to the excess (together with an amount representing interest worked out in accordance with the Fees and Payments Principles) within the period specified in the notice; (jb) if the approved provider has not refunded a \*refundable deposit balance, an \*accommodation bond balance or an \*entry contribution balance to a care recipient as required under Division 52P—requiring the provider to refund to the care recipient an amount equal to the balance (together with an amount representing interest worked out in accordance with the Fees and Payments Principles) within the period specified in the notice; (jc) restricting, during the period specified in the notice, the use of a refundable deposit balance, an accommodation bond balance or an entry contribution balance paid to the approved provider to one or more uses permitted under Division 52N; 172 Subparagraph 67A‑4(2)(a)(iv) After “Act”, insert “and the Aged Care (Transitional Provisions) Act 1997”. 173 Section 70‑2 (heading) Omit “Residential Care”. 174 Section 70‑2 Omit “Residential Care Grant Principles. The provisions”, substitute “Grant Principles. Provisions”. 175 Section 70‑2 (note) Omit “Residential Care”. 175A Subsection 72‑1(2) Omit “Residential Care”. 176 Paragraph 73‑1(2)(b) Omit “Residential Care”. 177 Subsection 74‑1(1) Omit “Residential Care”. 178 Section 81‑3 Omit “Advocacy”. 179 Section 81‑3 (note) Omit “Advocacy”. 180 Paragraphs 81‑4(a) and (b) Omit “Advocacy”. 181 Subsection 82‑2(3) Omit “Community Visitors”. 182 Subsection 82‑2(3) (note) Omit “Community Visitors”. 183 Section 82‑3 Omit “Community Visitors”. 184 Paragraphs 82‑4(a) and (b) Omit “Community Visitors”. 185 Subsection 83‑1(3) Omit “Other Grants”, substitute “Grant”. 186 Subsection 83‑1(3) (note) Omit “Other Grants”, substitute “Grant”. 187 Paragraphs 83‑2(a) and (b) Omit “Other Grants”, substitute “Grant”. 188 Section 85‑1 (table items 39A to 41) Repeal the items. 189 Section 85‑1 (table items 44 and 45) Repeal the items, substitute: | 44 | To determine compensation payment reductions in respect of residential care subsidy | subsection 44‑20A(4) | | --- | --------------------------------------------------------------------------------------------------------------------- | -------------------- | | 45 | To refuse to make a determination that the care subsidy reduction is zero | subsection 44‑23(2) | | 45A | To specify a period at the end of which a determination that the care subsidy reduction is zero ceases to be in force | subsection 44‑23(3) | 190 Section 85‑1 (table item 47) Repeal the item, substitute: | 47 | To determine the value of a person’s assets | subsection 44‑26C(1) | | --- | ----------------------------------------------------------- | -------------------- | | 47A | To revoke a determination of the value of a person’s assets | subsection 44‑26C(4) | 191 Section 85‑1 (table item 48) Omit “supplement”, substitute “supplement of a particular amount in respect of residential care”. 192 Section 85‑1 (after table item 49) Insert: | 49AA | To revoke a determination that a care recipient is eligible for a hardship supplement in respect of residential care | subsection 44‑32(1) | | ---- | -------------------------------------------------------------------------------------------------------------------- | ------------------- | 193 Section 85‑1 (table items 51 to 53C) Repeal the items, substitute: | 50 | To determine that a judgement or settlement is to be treated as having taken into account the cost of providing home care | subsection 48‑5(5) | | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------- | | 51 | To determine that a part of the compensation under a settlement is to be treated as relating to the future costs of providing home care | subsection 48‑5(6) | | 52 | To determine compensation payment reductions in respect of home care subsidy | subsection 48‑6(4) | | 53 | To refuse to make a determination that the care subsidy reduction is zero | subsection 48‑8(2) | | 53A | To specify a period at the end of which a determination that the care subsidy reduction is zero ceases to be in force | subsection 48‑8(3) | | 53B | To refuse to make a determination that a care recipient is eligible for a hardship supplement of a particular amount in respect of home care | subsection 48‑11(1) | | 53C | To specify a period or event at the end of which, or on the occurrence of which, a determination under section 48‑11 will cease to be in force | subsection 48‑11(3) | | 53D | To revoke a determination that a care recipient is eligible for a hardship supplement in respect of home care | subsection 48‑12(1) | | 53E | To refuse to approve a higher maximum amount of *accommodation payment than the maximum amount of accommodation payment determined by the Minister under section 52G‑3 | subsection 52G‑4(5) | | 53F | To refuse to make a determination that paying an accommodation payment or accommodation contribution of more than a particular amount would cause financial hardship | subsection 52K‑1(1) | | 53G | To specify a period or event at the end of which, or on the occurrence of which, a determination under subsection 52K‑1(1) ceases to be in force | subsection 52K‑1(3) | | 53H | To revoke a determination that paying an accommodation payment or accommodation contribution would cause financial hardship | subsection 52K‑2(1) | 194 Section 85‑2 Before “If”, insert “(1)”. 195 At the end of section 85‑2 Add: (2) If: (a) this Act provides for a person to apply to the \*Aged Care Pricing Commissioner to make a \*reviewable decision; and (b) a period is specified under this Act for giving notice of the decision to the applicant; and (c) the Aged Care Pricing Commissioner has not notified the applicant of the Commissioner’s decision within that period; the Aged Care Pricing Commissioner is taken, for the purposes of this Act, to have made a decision to reject the application. 196 Section 85‑3 (heading) Omit “Secretary must give reasons”, substitute “Reasons”. 197 Subsections 85‑3(1) and (2) After “Secretary”, insert “or the \*Aged Care Pricing Commissioner”. 198 Section 85‑4 (heading) Repeal the heading, substitute: