Commonwealth Consolidated Acts

AGED CARE ACT 1997 - SECT 14.5

             (1)  The Secretary may make an allocation of * places to a person subject to such conditions as the Secretary specifies in writing.

             (2)  The Secretary may specify which of the conditions (if any) must be met before a determination can be made under section 15‑1.

Note:          An allocation takes effect when a determination is made under section 15‑1. Until an allocation takes effect, it is a * provisional allocation.

             (3)  It is a condition of every allocation of a * place that:

                     (a)  the place is allocated in respect of a specified location; and

                     (b)  the place is allocated in respect of a particular * aged care service; and

                     (c)  any care provided, in respect of the place, must be provided at that location and through that service.

             (4)  The following are examples of the matters with which the conditions may deal:

                     (a)  the proportion of care to be provided to:

                              (i)  * people with special needs; or

                             (ii)  * supported residents, * concessional residents and * assisted residents; or

                            (iii)  recipients of * respite care; or

                            (iv)  people needing a particular level of care; or

                             (v)  people of kinds specified in the Allocation Principles;

                            through the * aged care service in which the place is, or will be, included;

                     (b)  the period within which the aged care service is to be operational;

                     (c)  the period within which the premises to be used by the person to provide care are required to be built;

                     (d)  the professional planning of the aged care service;

                     (e)  the treatment of any * pre‑allocation lump sum, or part of such a sum, paid or payable to the person to whom the place is allocated (the pre‑allocation lump sum holder ) by a care recipient, including:

                              (i)  the refund of the sum or part of the sum, with the consent of the care recipient; or

                             (ii)  the forgiveness of any obligation (including a contingent obligation) in relation to the sum or part of the sum, with the consent of the care recipient;

                      (f)  the conditions and entry into force of any accommodation bond agreement entered into as a consequence of the refund of a pre‑allocation lump sum or part of such a sum, or the forgiveness of an obligation (including a contingent obligation) in relation to a pre‑allocation lump sum or part of such a sum.

Note:          Approved providers have a responsibility under Part 4.3 to comply with the conditions to which the allocation is subject. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.

             (5)  If:

                     (a)  a condition imposed on an allocation of * places to a person requires:

                              (i)  the refund by the person to a care recipient, with the consent of the care recipient, of a * pre‑allocation lump sum or part of such a sum; or

                             (ii)  the forgiveness by the person of an obligation (including a contingent obligation) by a care recipient, with the consent of the care recipient, in relation to a pre‑allocation lump sum or part of such a sum; and

                     (b)  the care recipient continues, on the day on which the allocation was made, to be provided with * aged care through the residential care service in relation to entry to which the pre‑allocation lump sum was paid or became payable;

then the care recipient and the pre‑allocation lump sum holder have the same rights, duties and obligations in relation to the charging of an * accommodation bond or an * accommodation charge as the care recipient and the pre‑allocation lump sum holder would have under this Act if:

                     (c)  the care recipient had * entered the residential care service or flexible care service on the day on which the allocation was made; and

                     (d)  the pre‑allocation lump sum were an accommodation bond paid in respect of aged care provided through another residential care service or flexible care service.

             (6)  A pre‑allocation lump sum is an amount paid or payable to a person (the pre‑allocation lump sum holder ) by a care recipient in the following circumstances:

                     (a)  the amount does not accrue daily;

                     (b)  the amount is for the care recipient's * entry to a residential care service or flexible care service conducted by the pre‑allocation lump sum holder;

                     (c)  the amount is not an * accommodation bond, an * entry contribution or an * unregulated lump sum.