AGED CARE AMENDMENT (OMNIBUS) ACT 1999 NO. 132, 1999 - SCHEDULE 1

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AGED CARE AMENDMENT (OMNIBUS) ACT 1999 NO. 132, 1999 - SCHEDULE 1

- Aged Care Act 1997

1 Section 5- 1

After "bonds", insert "and ^*accommodation charges".

2 Subsection 10- 3(2)

Repeal the subsection.

3 Paragraph 10-3(3)(c)

Omit "will take effect on the day", substitute "may take effect as early as 7 days".

4 Subsection 10- 3(7)

Repeal the subsection, substitute:

(7): The Secretary must give effect to the revocation of the approval by:

(a): giving the approved provider one or more written notices (which the Secretary may give at different times) limiting, or further limiting, the approval to:

(i): one or more specified types of aged care; or
(ii): one or more specified ^*aged care services; or
(iii): one or more specified classes of care recipient; or
(iv): any combination of the above; or

(b): giving the approved provider a written notice revoking the approval altogether (whether or not the Secretary has already imposed any limitations under paragraph (a)).

(5): notice or at a later time.

(7A): A subsection (7) notice takes effect at the time specified in the notice, which must be at least 7 days after the day on which the notice is given.
(7B): The Secretary must not give a subsection (7) notice unless the Secretary is satisfied that appropriate arrangements have been made to ensure that the care recipients to whom the approved provider will no longer be approved to provide ^*aged care after the notice takes effect will continue to be provided with care after that time.
(7C): Subject to subsection (7B), if the Secretary imposes one or more limitations under paragraph (7)(a), the Secretary must eventually revoke the approval altogether under paragraph (7)(b).

5 Section 37- 1

After "bonds", insert "or ^*accommodation charges".

6 Paragraph 38-6(2)(d)

After "Division 57,", insert "or those relating to ^*accommodation charges set out in Division 57A,".

7 Subsection 42- 2(2)

Omit "all the days", substitute "each day".

8 Subsection 42- 2(2)

After "treatment", insert ", so long as the day is on or after the day on which the care recipient ^*enters the residential care service".

9 Paragraph 42-2(3)(b)

Repeal the paragraph, substitute:

(b): either:

(i): the care recipient does not, during that day, attend a hospital for the purpose of receiving hospital treatment; or
(ii): the care recipient does, during that day, attend a hospital for that purpose and the day is before the day on which the care recipient ^*enters the residential care service; and

10 After paragraph 42-3(3)(a)

Insert:

(aa): the day on which he or she accepted a place in the residential care service; or

11 After paragraph 44-5(a)

Insert:

(aa): the charge exempt resident supplement (see section 44-8A);

12 Section 44-5 (note)

Omit "The supplements" (first occurring), substitute "Most of the supplements".

13 Paragraph 44-6(5)(a)

After "paid by", insert ", or ^*accommodation charge charged to,".

14 Subparagraph 44-7(1)(b)(ii)

Repeal the subparagraph, substitute:

(ii): a carer of the person who had occupied the home for the past 2 years and, at the entry time, was eligible to receive an income support payment; or
(iii): a ^*close relation of the person who had occupied the home for the past 5 years and, at the entry time, was eligible to receive an income support payment; and

15 Subsection 44-7(1) (note)

Omit "an accommodation bond—see section 57-12", substitute "an ^*accommodation bond or an ^*accommodation charge—see sections 57-12 and 57A-6".

16 Subsection 44-7(3)

After "section 57-14", insert "or section 57A-9".

17 Subparagraph 44-8(1)(b)(ii)

Repeal the subparagraph, substitute:

(ii): a carer of the person who had occupied the home for the past 2 years and, at the entry time, was eligible to receive an income support payment; or
(iii): a ^*close relation of the person who had occupied the home for the past 5 years and, at the entry time, was eligible to receive an income support payment; and

18 Subsection 44-8(1) (note)

Omit "an accommodation bond", substitute "an ^*accommodation bond or an ^*accommodation charge".

19 After section 44-8

Insert:

44-8A The charge exempt resident supplement

(1): The charge exempt resident supplement for the care recipient in respect of the ^*payment period is the sum of all the charge exempt resident supplements for the days during the period on which:

(a): the care recipient was provided with residential care (other than ^*respite care) through the residential care service in question; and
(b): the care recipient was eligible for a charge exempt resident supplement.

(2): The care recipient is eligible for a charge exempt resident supplement on a particular day (whether before or after this section commences) if, on that day:

(a): the care recipient is a ^*charge exempt resident; and
(b): the residential care service is ^*certified; and
(c): the residential care provided to the care recipient is not provided on an extra service basis for the purposes of Division 36.

(3): The charge exempt resident supplement for a particular day is:

(a): $12.17; or
(b): such other amount as the Minister determines in writing.

(4): The Minister may determine different amounts (including nil amounts) under subsection (3) based on any one or more of the following:

(a): the maximum rate of concessional resident supplement;
(b): if the care recipient is an ^*assisted resident—whether a reduced amount of concessional resident supplement is payable in respect of the care recipient under subsection 44-6(6);
(c): any other matters specified in the Residential Care Subsidy Principles.

(5): In the circumstances specified in the Residential Care Subsidy Principles, the Secretary may determine that an amount of charge exempt resident supplement that would otherwise be payable for a particular care recipient is not payable to the provider concerned.
(6): In that case, the Secretary must:

(a): use his or her best endeavours to find the care recipient or, if the care recipient is deceased, the care recipient's legal representatives or such other person as is specified in the Residential Care Subsidy Principles; and
(b): if the appropriate person can be found under paragraph (a)—pay the amount directly to the appropriate person or to the care recipient's estate, as the case requires.

If no appropriate person can be found under paragraph (a), the Secretary need not take any further action in relation to the amount.

44-8B Meaning of charge exempt resident

A person is a charge exempt resident if:

(a): at any time on 30 September 1997, the person occupied an approved nursing home bed in a nursing home approved under section 40AA of the National Health Act 1953 (as then in force); and
(b): the person is receiving residential care, having ^*entered an ^*aged care service at any time after 30 September 1997 (whether before or after this section commences); and
(c): apart from this section, the person would have been eligible to pay ^*accommodation charge for the entry.

: Note 1: A ^*concessional resident cannot be a charge exempt resident , because concessional residents cannot be required to pay an accommodation charge and therefore do not meet the test in paragraph (c).

20 Paragraph 44-10(2)(b)

Repeal the paragraph, substitute:

(b): a carer of the person who:

(i): had occupied the home for the past 2 years; and
(ii): was eligible to receive an ^*income support payment at the time of the care recipient's entry to the residential care service; or

(c): a ^*close relation of the person who:

(i): had occupied the home for the past 5 years; and
(ii): was eligible to receive an ^*income support payment at the time of the care recipient's entry to the residential care service.

21 Subsection 44-11(1) (paragraph (b) of the definition of close relation )

Omit "brother or child", substitute "brother, child or grandchild".

22 Paragraph 44-11(2)(a)

Repeal the paragraph, substitute:

(a): the adult:

(i): is legally responsible (whether alone or jointly with another person) for the day-to-day care, welfare and development of the young person; or
(ii): is under a legal obligation to provide financial support in respect of the young person; and

(aa): in a subparagraph (a)(ii) case—the adult is not included in a class of people specified for the purposes of this paragraph in the Residential Care Subsidy Principles; and

23 Subsection 44-21(3) (paragraph (c) of step 4 of the Income Tested Reduction Calculator)

After "section 44- 2", insert ", less the amount of any charge exempt resident supplement under section 44-8A".

24 Paragraph 56-1(a)

After "bond", insert ", or the requirements of Division 57A in relation to any ^*accommodation charge,".

25 After paragraph 56-1(k)

Insert:

(ka): to take reasonable steps to find any care recipients who paid accommodation charge while they were ^*charge exempt residents and who have since ceased to be provided with residential care by the provider;
(kb): if a care recipient covered by paragraph (ka) is deceased—to take reasonable steps to identify the legal representatives of the care recipient's estate or the person specified in the Residential Care Subsidy Principles;
(kc): to refund any fees or charges, as and when directed by the Secretary, to care recipients who paid accommodation charge in respect of a period during which they were charge exempt residents, or, if such a care recipient is deceased, to the care recipient's estate or to the person specified in the Residential Care Subsidy Principles;

26 Paragraph 56-3(a)

After "bond", insert "or ^*accommodation charge".

27 After paragraph 56-3(i)

Insert:

(ia): to take reasonable steps to find any care recipients who paid accommodation charge while they were ^*charge exempt residents and who have since ceased to be provided with flexible care by the provider;
(ib): if a care recipient covered by paragraph (ka) is deceased—to take reasonable steps to identify the legal representatives of the care recipient's estate or the person specified in the Residential Care Subsidy Principles;
(ic): to refund any fees or charges, as and when directed by the Secretary, to care recipients who paid accommodation charge in respect of a period during which they were charge exempt residents, or, if such a care recipient is deceased, to the care recipient's estate or to the person specified in the Residential Care Subsidy Principles;

28 Before paragraph 57-2(a)

Insert:

(aa): at the time of entry, at least one of the following must be true:

(i): the person is not eligible to pay an ^*accommodation charge under subsection 57A- 2(1);
(ii): the service, of the ^*distinct part of the service through which the care recipient is to receive care, has ^*extra service status;
(iii): section 57-23 allows the approved provider to charge an accommodation bond for the entry;

Note: A ^*concessional resident cannot be required to pay an accommodation bond—see section 57-12.

(ab): the person is not a ^*charge exempt resident;

29 At the end of paragraph 57-2(e)

Add:

Note: This time limit is extended in some cases if certain legal processes relating to the care recipient's mental impairment are in progress—see subsection (2) of this section.

30 Paragraph 57-2(g)

Omit "or 57-13", substitute ", 57-13 or 57-23".

31 At the end of section 57- 2

Add:

(2): If, at the end of the 7 days mentioned in paragraph (1)(e):

(a): the approved provider and the care recipient have not entered into an ^*accommodation bond agreement; and
(b): a process under a law of the Commonwealth, a State or a Territory has begun for a person (other than an approved provider) to be appointed, by reason that the care recipient has a mental impairment, as the care recipient's legal representative;

the time limit in that paragraph is extended until the end of 7 days after:

(c): the appointment is made; or
(d): a decision is made not to make the appointment; or
(e): the process ends for some other reason;

or for such further period as the Secretary allows, having regard to any matters specified in the User Rights Principles.

32 Subsection 57-16(2) (note 2)

Omit "Paragraph 57-2(e) requires", substitute "Paragraph 57-2(1)(e) in most cases requires".

33 At the end of Division 57

Add:

Subdivision 57-H—Charging an accommodation bond instead of an accommodation charge

57-23 Charging an accommodation bond instead of an accommodation charge

(1): This section applies if:

(a): a care recipient has entered into an ^*accommodation bond agreement (the original agreement ) for ^*entry to a residential care service (the original service ); and
(b): the care recipient ceases being provided with residential 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 residential care service (the later service ) 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.

34 After Division 57

Insert:

Division 57A—What are the responsibilities relating to accommodation charges? 57A-1 What this Division is about

If an approved provider charges an ^*accommodation charge for the ^*entry of a care recipient to a residential care service, several rules must be followed. These relate particularly to ^*accommodation charge agreements, the amount of the charge that accrues and its payment, and treatment of charge payments received.

Table of Subdivisions

57A-A The basic rules
57A-B Accommodation charge agreements
57A-C Daily accrual amounts of accommodation charges
57A-D Payment of accommodation charges

Subdivision 57A-A—The basic rules

57A-2 Basic rules about accommodation charges

(1): The rules relating to charging an ^*accommodation charge for the ^*entry of a person to a residential care service as a care recipient are as follows:

(a): at the time of entry, all of the following must be true:

(i): the person requires a ^*high level of residential care;
(ii): the person's approval as a care recipient of residential care is not limited under section 22- 2 to a ^*low level of residential care;
(iii): the service, of the ^*distinct part of the service through which the care recipient is to receive care, does not have ^*extra service status;
(iv): section 57-23 does not allow the approved provider to charge an ^*accommodation bond for the entry;

Note: A ^*concessional resident cannot be required to pay an accommodation charge—see section 57A-6.

(b): the person is not a ^*charge exempt resident;
(c): the entry must not be for the purpose of the provision of ^*respite care;
(d): the approved provider must, before the care recipient enters the service, provide the care recipient with such information about the accommodation charge as is specified in the User Rights Principles;
(e): the approved provider must have entered into an ^*accommodation charge agreement (see section 57A- 3) with the care recipient before, or within 7 days after, the care recipient entered the service;

Note: This time limit is extended in some cases if certain legal processes relating to the care recipient's mental impairment are in progress—see subsection (2) of this section.

(f): another person must not be required to pay the accommodation charge as a condition of the care recipient entering the residential care service;
(g): the daily amount at which the accommodation charge accrues must not exceed the maximum provided for by section 57A-6 and the care recipient must not be charged more than one accommodation charge in respect of entering the service;
(h): the accommodation charge must not accrue for any day in contravention of the requirements of section 57A-7 (which imposes a 5 year limit) or 57A-8 (which deals with ^*certification of the residential care service);
(i): the accommodation charge must not be charged if a determination is in force under section 57A-9 that paying an accommodation charge would cause the care recipient financial hardship;
(j): the approved provider must comply with the requirements of section 57A-11 relating to payment of the accommodation charge;
(k): the care recipient may be required in accordance with section 57A-12 to pay interest to the approved provider if some or all of the accommodation charge is not paid within the time that section permits;
(l): the approved provider must use any payment of the accommodation charge it receives in the following ways:

(i): to meet capital works costs relating to residential care;
(ii): to retire debt relating to residential care;
(iii): where no capital expenditure is reasonably necessary to comply with matters specified in the Certification Principles for the purposes of subsection 38- 3(3) and meeting accreditation requirements—to improve the quality and range of ^*aged care services;

(m): the approved provider must not charge an accommodation charge if prohibited under Part 4.4 from doing so (see paragraph 66-1(j));
(n): any other rules specified in the User Rights Principles.

(2): If, at the end of the 7 days mentioned in paragraph (1)(e):

(a): the approved provider and the care recipient have not entered into an ^*accommodation charge agreement; and
(b): a process under a law of the Commonwealth, a State or a Territory has begun for a person (other than an approved provider) to be appointed, by reason that the care recipient has a mental impairment, as the care recipient's legal representative;

the time limit in that paragraph is extended until the end of 7 days after:

(c): the appointment is made; or
(d): a decision is made not to make the appointment; or
(e): the process ends for some other reason;

or for such further period as the Secretary allows, having regard to any matters specified in the User Rights Principles.

Subdivision 57A-B—Accommodation charge agreements

57A-3 Contents of accommodation charge agreements

(1): An agreement between an approved provider and a person proposing to ^*enter, or having entered, as a care recipient to a residential care service through which the approved provider provides care is an accommodation charge agreement if it sets out the following:

(a): the amount of the ^*accommodation charge that:

(i): will accrue for each day (including a day on which the care recipient is on ^*leave from the residential care service) if the care recipient enters the service; or
(ii): if the care recipient has already entered the residential care service—has accrued and will accrue for each day (including a day on which the care recipient is on ^*leave from the service);

(b): the care recipient's proposed date of entry, or date of entry, to the residential care service;
(c): how the accommodation charge is to be paid;
(d): the time or times when the accommodation charge is payable;
(e): whether agreeing to pay the accommodation charge entitles the care recipient to specific accommodation or additional services within the residential care service;
(f): any financial hardship provisions that apply to the care recipient;
(g): such other matters as are specified in the User Rights Principles.

(2): The User Rights Principles may specify, but are not limited to, matters relating to the following:

(a): the specific entitlements of care recipients arising from entering into an ^*accommodation charge agreement;
(b): the provision of information to third parties about accommodation charges and related matters;
(c): a care recipient's obligations;
(d): alleviating financial hardship.

57A-4 Accommodation charge agreements may be incorporated into other agreements

For the purposes of this Division, a person is taken to have entered into an ^*accommodation charge agreement if the person has entered into an agreement that contains the provisions required by section 57A- 3.

: Example: These provisions may be included in a ^*resident agreement.

57A-5 Agreements cannot affect requirements of this Division

The requirements of this Division apply despite any provision of an ^*accommodation charge agreement, or any other agreement, to the contrary.

Subdivision 57A-C—Daily accrual amounts of accommodation charges

57A-6 Maximum daily accrual amount of accommodation charge

(1): Subject to subsection (2), the maximum daily amount at which an ^*accommodation charge accrues for the ^*entry of a person as a care recipient to a residential care service is whichever is the lowest of the following:

(a): the amount of the daily accrual of the accommodation charge as specified in the ^*accommodation charge agreement;
(b): the amount obtained by:

(i): taking the amount that, when subtracted from an amount equal to the value of the care recipient's assets at the time of the care recipient's entry to the residential care service, leaves an amount at least equal to the care recipient's minimum permissible asset value as defined in subsection 57-12(3); and
(ii): dividing the result by 1,825;

(c): such amount as is specified in, or worked out in accordance with, the User Rights Principles.

(2): If:

(a): a care recipient proposes to ^*enter a residential care service conducted by an approved provider; and
(b): the care recipient does not, before entering into an ^*accommodation charge agreement, give the approved provider sufficient information about the care recipient's assets for the approved provider to be able to determine the amounts referred to in paragraph (1)(b);

the maximum daily amount at which an ^*accommodation charge accrues is the lesser of the amounts mentioned in paragraphs (1)(a) and (c).

(3): The value of a care recipient's assets is to be worked out in the same way as it would be worked out under section 44-10 for the purposes of section 44-7 or 44-8.

57A-7 Maximum period of daily accrual of accommodation charge

(1): An ^*accommodation charge for ^*entry to a residential care service must not accrue for any day after the provision of care to the care recipient through that residential care service ceases.
(2): An ^*accommodation charge for ^*entry to a residential care service must not accrue for any day after 5 years after the later of the following:

(a): the time when the care recipient entered the residential care service;
(b): if, at the time of the entry, the service was not ^*certified, and the approved provider and the care recipient agreed that a charge became, or was to become, payable when the service was certified—the time when the service was certified.

(3): In working out that period of 5 years, include any day on which the care recipient was on ^*leave from the service, but do not include any other day on which the care recipient did not receive residential care through the service.
(4): Also, if the care recipient has previously become liable to pay an ^*accommodation charge for ^*entry to a residential care service, the period of 5 years is reduced by the number of days for which that charge accrued.

57A-8 Accommodation charge not to accrue while residential service not certified

An ^*accommodation charge for ^*entry to a residential care service must not accrue for any day during which the service is not ^*certified.

57A-9 Accommodation charge not payable in cases of financial hardship

(1): The Secretary may determine, in accordance with the User Rights Principles, that a person must not be charged an ^*accommodation charge because payment of an accommodation charge would cause the person financial hardship.

: Note: Refusals to make determinations are reviewable under Part 6.1.

(2): Without limiting the circumstances that constitute financial hardship for the purposes of this section, such circumstances include any circumstances specified in the User Rights Principles.
(3): The determination ceases to be in force at the end of a specified period or on the occurrence of a specified event, if the determination so provides.

: Note: Decisions to specify periods or events are reviewable under Part 6.1.

(4): Application may be made to the Secretary, in the form approved by the Secretary, for a determination under subsection (1) that payment of an ^*accommodation charge would cause the person financial hardship. The application may be made by:

(a): the person; or
(b): an approved provider to which the accommodation charge would otherwise be paid.

(5): If the Secretary needs further information to determine the application, the Secretary may give to the applicant a notice requiring the applicant to give the further information:

(a): within 28 days after receiving the notice; or
(b): within such other period as is specified in the notice.

The application is taken to have been withdrawn if the information is not given within whichever of those periods applies. The notice must contain a statement setting out the effect of this subsection.

: Note: The period for giving the further information can be extended—see section 96-7.

(6): The Secretary must notify the person and the approved provider, in writing, of the Secretary's decision on whether to make the determination. The notice must be given:

(a): within 28 days after receiving the application; or
(b): if the Secretary has requested further information under subsection (5)—within 28 days after receiving the information.

(7): If the Secretary makes the determination, the notice must set out:

(a): any period at the end of which; or
(b): any event on the occurrence of which;

the determination will cease to be in force.

57A-10 Revocation of determinations of financial hardship

(1): The Secretary may, in accordance with the User Rights Principles, revoke a determination made under section 57A-9.

: Note: Revocations of determinations are reviewable under Part 6.1.

(2): Before deciding to revoke the determination, the Secretary must notify the person, and an approved provider who is providing or is to provide residential care to the person, that revocation is being considered. The notice must be in writing and must:

(a): invite the person and the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and
(b): inform them that if no submissions are made within that period, the revocation takes effect on the day after the last day for making submissions.

(3): In making the decision whether to revoke the determination, the Secretary must consider any submissions received within the period for making submissions. The Secretary must make the decision within 28 days after the end of that period.
(4): The Secretary must notify, in writing, the person and the approved provider of the decision.
(5): The notice must be given to the person and the approved provider within 28 days after the end of the period for making submissions. If the notice is not given within that period, the Secretary is taken to have decided not to revoke the determination.
(6): A revocation has effect:

(a): if the person and the approved provider received notice under subsection
(4): on the same day—the day after that day; or
(b): if they received the notice on different days—the day after the later of those days.

Subdivision 57A-D—Payment of accommodation charges

57A-11 Accommodation charge may be payable not more than one month in advance

(1): A care recipient may be required to pay an ^*accommodation charge at a time before the day for which the charge will accrue.
(2): However, the time must not be more than one month before the day for which the charge will accrue and, if the charge does not in fact accrue, the care recipient is entitled to a refund of the amount paid.

57A-12 Approved provider may charge interest

(1): If:

(a): a care recipient is required, under an ^*accommodation charge agreement, to pay an amount of ^*accommodation charge to an approved provider; and
(b): the care recipient does not pay the required amount before the end of one month after the day for which the charge accrues; and
(c): the agreement provides for interest to be charged on the balance outstanding at a specified rate;

the care recipient may be required to pay the approved provider interest on the balance outstanding for the period beginning at the end of the one month and continuing while the balance remains unpaid.

(2): However, the rate at which the interest is charged must not exceed the maximum specified in the User Rights Principles.

35 Subsection 59- 1(3) (at the end of the note)

Add "or ^*accommodation charge agreement (see section 57A-4)".

36 Subparagraph 62-1(b)(ii)

After "under section 57-20", insert "or to the person's remaining liability (if any) to pay an ^*accommodation charge".

37 Paragraph 63-2(2)(d)

Omit "accommodation bonds", substitute " ^*accommodation bonds and ^*accommodation charges".

38 Paragraph 66-1(j)

After "of ^*accommodation bonds", insert ", or the accrual of ^*accommodation charges,".

39 Section 85- 1 (after table item 53)

Insert:

53A
To refuse to make a determination that paying an accommodation charge would cause financial hardship
subsection 57A-9(1)
53B
To specify, in a determination that paying an accommodation charge would cause financial hardship, a period or event at the end of which or, on the occurrence of which, the determination will cease to be in force
subsection 57A-9(3)
53C
To revoke a determination that paying an accommodation charge would cause financial hardship
subsection 57A-10(1)

40 At the end of paragraph 86-9(1)(e)

Add "and ^*accommodation charges".

41 At the end of paragraph 88-2(2)(h)

Add "or ^*accommodation charges".

42 Paragraph 96-5(b)

Omit "physical or mental incapacity", substitute "physical incapacity or mental impairment".

43 Section 96-5 (note)

After "bond agreements,", insert " ^*accommodation charge agreements,".

44 Subsection 96-10(1)

After "Chapter 3", insert ", and amounts payable under subsection 44-8A(6),".

45 Clause 1 of Schedule 1 (definition of accommodation bond )

After "money", insert "that does not accrue daily and is".

46 Clause 1 of Schedule 1

Insert:

accommodation charge , in relation to a person, means an amount of money that accrues daily and is paid or payable to an approved provider by the person for the person's ^*entry to a residential care service or flexible care service through which care is, or is to be, provided by the approved provider.

47 Clause 1 of Schedule 1

Insert:

accommodation charge agreement has the meaning given by section 57A- 3.

48 Clause 1 of Schedule 1

Insert:

charge exempt resident has the meaning given by section 44-8B.

49 Clause 1 of Schedule 1

Insert:

low level of residential care means a level of residential care that is not a ^*high level of residential care.

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53A	To refuse to make a determination that paying an accommodation charge would cause financial hardship	subsection 57A-9(1)
53B	To specify, in a determination that paying an accommodation charge would cause financial hardship, a period or event at the end of which or, on the occurrence of which, the determination will cease to be in force	subsection 57A-9(3)
53C	To revoke a determination that paying an accommodation charge would cause financial hardship	subsection 57A-10(1)