Section 1099E — Social Security Act 1991: Scope of Division

(1) This Division applies to a person if: (a) at any time from the beginning of 1 October 1997 until the end of 5 November 1997, the person became liable to pay an accommodation bond for entry to a residential care service; and (b) either an accommodation charge would have been payable for the entry, or the person would have been a charge exempt resident, had section 44-8B and Division 57A of the Aged Care (Transitional Provisions) Act 1997 been in force at the time of the entry; and (c) the person later made an agreement (a refund agreement) with the provider of the service that the person’s liability to pay an accommodation bond for the entry was to be replaced with a liability to pay an accommodation charge for the entry, and that any payment of any of the bond was to be refunded to the person. Note: For accommodation bond, accommodation charge and charge exempt resident, see subsection 11(1). (2) This Division also applies to a person if the Secretary is satisfied that: (a) on or before 5 November 1997, the person sold his or her principal home for the sole or principal purpose of raising money to pay an accommodation bond for entry to a residential care service; and (b) either an accommodation charge would have been payable for the entry, or the person would have been a charge exempt resident, had section 44-8B and Division 57A of the Aged Care Act 1997 been in force at the time of the entry. Note: For accommodation bond, accommodation charge and charge exempt resident, see subsection 11(1). (3) This Division also applies to the partner of a person covered by subsection (1) or (2) (even if the person so covered is now deceased). (4) For the purposes of subsection (2), the time at which a person sells his or her home is the time when he or she comes under a legal obligation to transfer the home to the buyer.