A person is a charge exempt resident if:

• they entered a nursing home prior to 1 October 1997, and
• subsequently moved to another nursing home on or after 1 October 1997, and
• apart from the application of section 44-8B of the Aged Care Act, 1997 (meaning of charge exempt resident) they would have been eligible to pay an accommodation charge for the entry.

A charge exempt resident cannot be required to pay an accommodation charge.