Document ID: chunk:federal_register_of_legislation:C2005A00022:clause:2_27
Version: federal_register_of_legislation:C2005A00022
Segment Type: clause
Provision Reference: sch 2 cl 27
Character Range: 19907–22215

27  Application of amendments

Entry and approval on or after 1 July 2005

(1) The amendments made by this Schedule apply in relation to the entry of a person into a residential care service (whether for the first time or not) if:
 (a) the entry occurs on or after 1 July 2005; and
 (b) the person is approved under section 22‑1 of the Aged Care Act 1997 on or after 1 July 2005 as a recipient of residential care.

Entry on or after 1 July 2005, approval before 1 July 2005

(2) The amendments also apply in relation to the entry of a person into a residential care service (whether for the first time or not) if:
 (a) the entry occurs on or after 1 July 2005; and
 (b) the person was approved under section 22‑1 of the Aged Care Act 1997 before 1 July 2005 as a recipient of residential care; and
 (c) the approval had not expired, lapsed or been revoked under Division 23 of that Act by the time of the entry; and
 (d) the person chooses that the amendments apply.

(3) The person is taken to have made such a choice if he or she has applied in the approved form for the Secretary to determine the value of the person's assets at a time that is before or at the time of entry. This does not limit the ways in which the person may make such a choice.

Exception to application—re‑entry into care within 28 days

(4) Despite subitems (1) and (2), the amendments do not apply in relation to the person entering the residential care service (the new service) if:
 (a) the entry occurs within 28 days after the person was last provided with residential care (other than respite care) through a residential care service (the earlier service) and the person had paid an accommodation bond for entry to the earlier service; and
 (b) the amendments did not apply in relation to the person's most recent earlier entry into the earlier service; and
 (c) it is not the case that:
 (i) the person was provided with a low level of residential care through the earlier service; and
 (ii) the person is provided with a high level of residential care through the new service.

Note: If the amendments do not apply, then the Aged Care Act 1997 as in force without the amendments applies to the person.

 [Minister's second reading speech made in—
House of Representatives on 10 February 2005
Senate on 7 March 2005]
(11/05)