Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 57.23

             (1)  This section applies if:

                     (a)  a care recipient has entered into an * accommodation bond agreement (the original agreement ) for * entry to an aged care service (the original service ) that is a residential care service or a flexible care service; and

                     (b)  the care recipient ceases being provided with residential care or flexible care through the original service (other than because the care recipient is on * leave); and

                     (c)  within 28 days after the cessation, the care recipient enters another aged care service (the later service ) that is a residential care service or a flexible care service and for which entry an * accommodation charge would become payable (disregarding subparagraph 57A-2(1)(a)(iv)); and

                     (d)  the approved provider of the later service and the care recipient agreed, before the care recipient entered the later service, that an accommodation bond, instead of an accommodation charge, can be charged for the entry of the person to the later service.

             (2)  If this section applies:

                     (a)  the approved provider of the later service can charge an * accommodation bond for the * entry of the person to the later service; and

                     (b)  if the care recipient has paid the full amount of the accommodation bond relating to the original agreement--the maximum amount of the new accommodation bond is the amount of the accommodation bond balance that was refunded or is payable to the care recipient under section 57- 21 in respect of the accommodation bond relating to the original agreement; and

                     (c)  in any other case--the maximum amount of the new accommodation bond is the amount of the accommodation bond that was payable under the original agreement, less any retention amounts that would have been permitted to be deducted under section 57-20 in respect of the original service if the accommodation bond had been paid as a lump sum.