Aged Care Act 2024

An accommodation agreement between a registered provider and an individual must set out the following:

the individual’s start day, or proposed start day;

that the individual will pay an accommodation payment if:

the individual’s daily means tested amount at the individual’s start day is equal to, or greater than, the maximum accommodation supplement amount for that day; or

the individual has means not disclosed status at the individual’s start day; or

at the individual’s start day, the individual’s daily means tested amount has not been determined and the individual does not have means not disclosed status;

that, if the individual’s daily means tested amount for the individual’s start day is less than the maximum accommodation supplement amount for that day, the individual may pay an accommodation contribution, depending on the individual’s daily means tested amount;

that, if the individual pays an accommodation payment because of subparagraph (b)(iii) in the period (the interim period) between the individual’s start day and the day the individual’s daily means tested amount at the individual’s start day is determined, the following will apply:

the amount of accommodation payment charged by the registered provider for a day in the interim period must be equal to, or less than, the agreed accommodation payment amount, as expressed as a daily accommodation payment amount;

any accommodation payment paid during the interim period must be paid by daily payments;

the individual is to be refunded the amount (if any) by which the accommodation payment paid during the interim period exceeds the amount that would have been payable if the individual’s daily means tested amount for the individual’s start day had been determined at the start day;

that a fee reduction supplement may reduce the accommodation payment or accommodation contribution (if payable), including to nil;

subject to paragraph (ca), that the individual may choose to pay the accommodation payment or accommodation contribution (if payable) by:

daily payments; or

refundable deposit; or

a combination of refundable deposit and daily payments;

that, if the individual does not choose how to pay the accommodation payment or accommodation contribution (if payable), the individual must pay by daily payments;

that the individual must not pay the accommodation payment or accommodation contribution (if payable) by refundable deposit before the individual’s start day;

the amounts that are permitted to be deducted from a refundable deposit balance;

that retention amounts must be deducted from a refundable deposit balance within a certain period;

the circumstances in which a refundable deposit balance must be refunded;

any other conditions relating to the payment of a refundable deposit;

such other matters prescribed by the rules.

An accommodation agreement for an individual may be included in another agreement the individual enters into with the registered provider under or for the purposes of this Act.

An accommodation agreement relates to a bed in an approved residential care home through which ongoing funded aged care services are delivered through the service group residential care to an individual.

The accommodation agreement must set out the following in relation to an accommodation payment:

the published accommodation payment amounts for the approved residential care home on the day the agreement is entered into;

the accommodation payment amount (the agreed accommodation payment amount) agreed between the provider and the individual for an approved residential care home, which must be:

equal to or less than the published accommodation payment amount applicable to the part of the approved residential care home where the individual’s bed is located; and

expressed as a refundable accommodation deposit amount; and

expressed as a daily accommodation payment amount worked out in accordance with a method prescribed by the rules;

the amount of refundable accommodation deposit that would be payable if no daily accommodation payments were paid;

the method prescribed by the rules for working out amounts that would be payable as a combination of refundable accommodation deposit and daily accommodation payments;

that, if the individual pays a combination of daily payments and refundable accommodation deposit, the registered provider must, at the individual’s request, deduct daily accommodation payments for the individual from the refundable deposit balance;

that, if the individual pays a refundable accommodation deposit, the registered provider may require the individual to maintain the agreed accommodation payment amount if the refundable accommodation deposit is reduced;

that, if the individual is required to maintain the agreed accommodation payment amount because the refundable accommodation deposit has been reduced, the individual may do so by:

paying daily accommodation payments or increased daily accommodation payments; or

topping up the refundable accommodation deposit; or

a combination of both;

that, if the individual pays a refundable accommodation deposit, the individual may choose to top up the refundable accommodation deposit up to the agreed accommodation payment amount;

that daily accommodation payments are subject to indexation in accordance with the rules.

See section 296 for requirements registered providers are subject to in relation to the charging of an accommodation payment.

Daily accommodation payments are subject to indexation in accordance with the rules.

The accommodation agreement must set out the following in relation to an accommodation contribution:

that the amount of daily accommodation contribution for a day will not exceed the amount assessed for the individual based on the individual’s daily means tested amount;

that the amount of accommodation contribution payable will vary from time to time depending on:

the accommodation supplement applicable to the individual; and

the individual’s daily means tested amount;

the method prescribed by the rules for working out amounts that would be payable by:

refundable accommodation contribution; or

a combination of refundable accommodation contribution and daily accommodation contributions;

that, if the individual pays a combination of daily payments and a refundable accommodation contribution, the registered provider must, at the individual’s request, deduct daily accommodation contributions for the individual from the refundable deposit balance;

that, if the individual pays a refundable accommodation contribution, the registered provider may require the individual to maintain the accommodation contribution that is payable if the refundable accommodation contribution is reduced;

that, if the individual is required to maintain the accommodation contribution because the refundable accommodation contribution has been reduced, the individual may do so by:

paying daily accommodation contributions or increased daily accommodation contributions; or

paying or topping up a refundable accommodation contribution; or

a combination of both;

that, if the amount of accommodation contribution that is payable increases, the registered provider may require the individual to pay the increase;

that, if the individual is required to pay the increase, the individual may do so by:

paying daily accommodation contributions or increased daily accommodation contributions; or

topping up a refundable accommodation contribution; or

a combination of both;

that, if the individual pays a refundable accommodation contribution, the individual may choose to top up the refundable accommodation contribution up to the amount of accommodation contribution that is payable.

See section 298 for requirements registered providers are subject to in relation to the charging of an accommodation contribution.

For the purposes of paragraphs (2)(f) and (3)(e), the registered provider must not require the individual to maintain the agreed accommodation payment amount or the accommodation contribution that is payable (as applicable) to the extent the refundable deposit is reduced because of the deduction of a retention amount under section 308.