Document ID: chunk:federal_register_of_legislation:C2024A00109:clause:2_3:p1
Version: federal_register_of_legislation:C2024A00109
Segment Type: clause
Provision Reference: sch 2 cl 3 (pt 1/2)
Character Range: 24645–27436

3  Access approvals for service group residential care
(1) The System Governor is taken to have made the following decisions at the transition time, in relation to an individual to whom subitem (2) applies:
 (a) an eligibility determination under subsection 57(1) of the new Act;
 (b) a decision under subsection 65(1) of the new Act that the individual requires access to funded aged care services;
 (c) a decision under paragraph 65(2)(a) of the new Act that the individual is approved for the following:
 (i) if paragraph (2)(a) of this item applies to the individual—the classification type ongoing for the service group residential care;
 (ii) if paragraph (2)(b) of this item applies to the individual—the classification type short‑term for the service group residential care;
 (iii) if paragraph (2)(c), (e) or (f) of this item applies to the individual—the classification types ongoing and short‑term for the service group residential care;
 (iv) if paragraph (2)(d) of this item applies to the individual—the classification type hospital transition for the service group residential care.
(2) This subitem applies to the individual if, as at immediately before the transition time:
 (a) the individual was approved under section 22‑1 of the old Act as a recipient of residential care and that approval did not include a limitation under paragraph 22‑2(1)(c) of the old Act (which deals with the provision of respite care); or
 (b) the individual was approved under section 22‑1 of the old Act as a recipient of residential care and that approval included a limitation under paragraph 22‑2(1)(c) of the old Act (which deals with the provision of respite care); or
 (c) the individual was approved under section 22‑1 of the old Act as a recipient of residential care and the terms of that approval expressly covers the provision of respite care; or
 (d) the individual was approved under section 22‑1 of the old Act as a recipient of residential care and flexible care in the form of transition care (within the meaning of the old Principles); or
 (e) subitem (3) applies in relation to the individual and the individual was:
 (i) accessing flexible care provided in a residential setting through a multi‑purpose service (within the meaning of the old Principles); or
 (ii) 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 residential setting through that service within the period of 3 months beginning at the transition time; or
 (f) the individual had, at any time in the previous 12 months, received services under the National Aboriginal and Torres Strait Islander Flexible Aged Care