248Fees etc. to remain in trust until required

248 Fees etc. to remain in trust until required

(1) A provider who has placed a reservation fee, an establishment fee or a fee paid in advance into a trust account must not withdraw any amount from that account unless—

(a) it is withdrawn for the purpose of returning the amount to the resident or the person who made the payment on behalf of the resident; or

(b) the provider is entitled to retain the amounts or part of the amounts in accordance with this Act and the withdrawal occurs on or after the commencement of the period to which the payment of the amount relates.

(2) A provider who has placed a security deposit into a trust account must not withdraw any amount of that security deposit from that account unless—

(a) it is withdrawn for the purpose of returning the amount to the resident or the person who made the payment on behalf of the resident; or

(b) the provider is entitled to retain the amount or part of the amount of the security deposit in accordance with section 249.