20DNotification of service delivery branches

20D Notification of service delivery branches

(a) an entity is, because of subitem 5(1) of this Schedule, taken to be a registered provider under paragraph 105(1)(a) of the new Act; and
(b) a home care service is, because of subitem 5(8) of this Schedule, taken to be a service delivery branch of the registered provider.

(2) The registered provider is taken, at the transition time, to have given the System Governor a notification for the service delivery branch in accordance with subsection 203(1) of the new Act.

Division 3—Unspent home care amounts

20DA Unspent home care amounts—Commonwealth portions and home care accounts

Responsibility to pay Commonwealth portion after the transition time

(a) section 21F or section 21JB of the User Rights Principles 2014 applied to the Commonwealth portion of a care recipient’s unspent home care amount; and
(b) the time at which the Commonwealth portion becomes due and payable to the Commonwealth had not occurred; and
(c) the Commonwealth portion had not been paid to the Commonwealth.

(2) Despite the repeal of the old law, that section continues to apply after the transition time, in relation to the Commonwealth portion, as if the repeal had not happened.

Recovery of Commonwealth portion—registered providers

(3) If a person who is, at the transition time, taken to be a registered provider because of subitem 5(1) of this Schedule fails, after the transition time, to comply with section 21F or 21JB of the User Rights Principles 2014 (as that section continues to apply because of subitem (2) of this item) in relation to the Commonwealth portion of a care recipient’s unspent home care amount:

(a) the Commonwealth portion is taken to be a recoverable amount under section 514 of the new Act; and
(b) the registered provider is taken to be a debtor under section 514 of the new Act in relation to the recoverable amount.

Note: Division 2 of Part 13 of Chapter 6 of the new Act deals with the recovery of recoverable amounts.

Recovery of Commonwealth portion—persons who are not registered providers

(4) Despite the repeal of the old law, Division 95 of the old Act continues to apply after the transition time in relation to the Commonwealth portion of a care recipient’s unspent home care amount as if the repeal had not happened, if:

(a) subitem (2) of this item applies in relation to the Commonwealth portion; and
(b) the person who was, immediately before the transition time, the approved provider in relation to the Commonwealth portion is not, at the transition time, taken to be a registered provider because of subitem 5(1) of this Schedule.