Residents can now pay a RAD before means tested amount assessed

New legislation has introduced an important change to the way accommodation payments can be made while a resident is waiting for their aged care means assessment to be completed.

 

 

Prior to 31 October 2026, an interim period applied where a person entered residential aged care and their means-tested amount had not yet been determined, provided they were not subject to means not disclosed status.

 

The interim period generally runs from the resident’s start day until their means-tested amount is determined.

 

During this interim period, any accommodation payment was required to be made as daily accommodation payments (DAP). This meant a resident who had sufficient funds and wanted to pay a refundable accommodation deposit (RAD) could not do so until their means-tested amount was determined.

 

From 31 October 2026, residents in the interim period have greater flexibility and can choose to make their accommodation payment as a:

  • refundable accommodation (RAD);
  • daily accommodation payment (DAP); or
  • combination of both.

Importantly, the change is not limited to new accommodation agreements. The new rules apply from commencement to accommodation agreements made before, on or after 31 October 2026.

 

This means an existing resident who is still in the interim period on 31 October 2026 may also be able to take advantage of the new payment options.

 

The existing protections during the interim period continue to apply. The accommodation payment cannot exceed the agreed accommodation payment amount, although the provider may charge a lower amount. If the subsequent means assessment determines that the resident has low means status, or that they have otherwise paid more than was properly payable, the provider must refund the overpaid amount.

 

FirstTech tip

For clients in the interim period, consider whether paying some or all of their accommodation payment as a refundable deposit may be appropriate. This may reduce the daily accommodation payments they would otherwise incur while waiting for their means-tested amount to be determined.

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Disclaimer

The information contained in this update is based on the understanding Avanteos Investments Limited ABN 20 096 259 979, AFSL 245531 (AIL) and Colonial First State Investments Limited ABN 98 002 348 352, AFSL 232468 (CFSIL) has of the relevant Australian laws as at the article date. As these laws are subject to change you should refer to our website at www.cfs.com.au or talk to a professional adviser for the most up-to-date information. The information is for adviser use only and is not a substitute for investors seeking advice. While all care has been taken in the preparation of this document (using sources believed to be reliable and accurate), no person, including AIL, nor CFSIL, accepts responsibility for any loss suffered by any person arising from reliance on this information. This update is not financial product advice and does not take into account any individual’s objectives, financial situation or needs. Any examples are for illustrative purposes only and actual risks and benefits will vary depending on each investor’s individual circumstances. You should form your own opinion and take your own legal, taxation and financial advice on the application of the information to your business and your clients.

 

Taxation considerations are general and based on present taxation laws and may be subject to change. You should seek independent, professional tax advice before making any decision based on this information.

 

AIL and CFSIL are also not a registered tax (financial) adviser under the Tax Agent Services Act 2009 and you should seek tax advice from a registered tax agent or a registered tax (financial) adviser if you intend to rely on this information to satisfy the liabilities or obligations or claim entitlements that arise, or could arise, under a taxation law.