Document ID: chunk:federal_register_of_legislation:C2024A00109:clause:2_2:p2
Version: federal_register_of_legislation:C2024A00109
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 2/4)
Character Range: 19177–21932

a decision under subparagraph 65(2)(b)(ii) of the new Act that the individual is approved for all funded aged care services in a service type to which that subparagraph applies.

Individuals to whom transition applies
(2) This subitem applies to the individual if, as at immediately before the transition time, the individual:
 (a) was approved under section 22‑1 of the old Act as a recipient of home care; or
 (b) was approved under section 22‑1 of the old Act as a recipient of flexible care in the form of short‑term restorative care (within the meaning of the old Principles); or
 (c) was approved under section 22‑1 of the old Act as a recipient of flexible care in the form of transition care (within the meaning of the old Principles); or
 (d) either:
 (i) was accessing flexible care provided in a community setting through a multi‑purpose service (within the meaning of the old Principles); or
 (ii) was party to a written agreement with an approved provider (within the meaning of the old Act) of a multi‑purpose service (within the meaning of the old Principles) which provides for the individual to commence accessing flexible care provided in a community setting through that service within the period of 3 months beginning at the transition time; or
 (e) had been assessed as eligible for Commonwealth Home Support Programme services; or
 (f) had, at any time in the previous 12 months, accessed services under the National Aboriginal and Torres Strait Islander Flexible Aged Care Program; or
 (g) was in a class of individuals determined under subitem (3) by the System Governor to be a transitional cohort.
(3) The System Governor may, by legislative instrument, determine a class of individuals to be a transitional cohort for the purposes of paragraph (2)(g) if:
 (a) the individuals in that class were eligible to access aged care (whether under the old Act or under a Commonwealth program) at any time in the 12 month period ending at the transition time; and
 (b) the System Governor considers it reasonably necessary to make the determination to ensure continuity of aged care for those individuals.
(4) A determination under subitem (3) may be made after the transition time.

Limitations on funded aged care services to which transition applies for individuals eligible for Commonwealth Home Support Programme
(5) Despite subparagraph (1)(h)(i), that subparagraph does not apply in relation to an individual to whom paragraph (2)(e) applies and a service type (a new Act service type) referred to in that subparagraph unless the individual had been assessed as eligible under the Commonwealth Home Support Programme for a service type that corresponds as nearly as possible to the new Act service type.

Limitations on funded aged