Aged Care Act 2024

A registered provider that delivers funded aged care services through the service group residential care to an individual may charge the individual an additional amount (the higher everyday living fee) for or in connection with a particular funded aged care service.

The higher everyday living fee for the individual for the service is the amount agreed (the agreed amount) between the registered provider and the individual in an agreement (the higher everyday living agreement):

that is entered into in accordance with any requirements prescribed by the rules; and

that otherwise complies with any requirements prescribed by the rules.

Without limiting paragraph (2)(b), rules made for the purposes of that paragraph must include a requirement that the higher everyday living agreement state that the agreed amount is subject to indexation in accordance with the rules.

The registered provider must not charge the individual the higher everyday living fee for a service delivered on a day that occurs prior to the day the registered provider and individual enter into the higher everyday living agreement.

The registered provider must not, before the individual’s start day:

ask the individual to pay a higher everyday living fee for a service; or

offer to enter a higher everyday living agreement with the individual.

Despite subsection (1), the registered provider must not:

charge the individual a higher everyday living fee in circumstances prescribed by the rules; or

enter into a higher everyday living agreement with the individual in circumstances prescribed by the rules.

To avoid doubt, a higher everyday living fee may be charged in accordance with subsection (1) for a service that is not included on the list of services referred to in subsection 8(1) if the service is incidental to, or capable of enhancing the quality of, a particular funded aged care service that is included on that list.