10Deemed applications for access, eligibility determinations and aged care needs assessments—individuals for whom assessment of care needs finalised but individuals not approved as recipients of aged care under old law

10 Deemed applications for access, eligibility determinations and aged care needs assessments—individuals for whom assessment of care needs finalised but individuals not approved as recipients of aged care under old law

(1) This section applies to an individual if: (a) before the transition time, the care needs of the individual had been assessed under subsection 22‑4(1) of the old Act; and (b) immediately before the transition time: (i) a decision had not been made under subsection 22‑1(2) of the old Act to approve the individual, or to reject an application to approve the individual, as a recipient of one or more types of aged care; and (ii) a decision had not been made about the individual’s eligibility for Commonwealth Home Support Programme services. (2) At the transition time: (a) the individual is taken to have applied to the System Governor for access to funded aged care services under subsection 56(1) of the new Act; and (b) the System Governor is taken to have decided to make an eligibility determination for an aged care needs assessment for the individual under subsection 57(1) of the new Act, regardless of whether section 58 of the new Act applies in relation to the individual; and (c) the assessment of the care needs of the individual under subsection 22‑4(1) of the old Act is taken to be an aged care needs assessment: (i) taken to have been arranged by the System Governor under subsection 61(1) of the new Act; and (ii) taken to have been undertaken by an approved needs assessor under section 62 of the new Act; and (iii) a report of which is taken to have been provided to the System Governor under subsection 63(1) of the new Act.