116Accommodation supplement—pending application for determination in relation to a residential care service that has been significantly refurbished

116 Accommodation supplement—pending application for determination in relation to a residential care service that has been significantly refurbished

(1) Despite the repeal of the old law: (a) Subdivision A of Division 5 of Part 3 of Chapter 2 of the Subsidy Principles; and (b) any provision necessary for the effectual operation of that Subdivision; continue to apply to an application under subsection 51(1) of those Principles that was made, but not decided, before the transition time, as if that repeal had not happened. (2) Subsection (3) applies if: (a) a determination (the old law determination) in relation to a residential care service is made under subsection 52(1) of the Subsidy Principles after the transition time because of subsection (1) of this section; and (b) at the transition time: (i) the approved provider of the residential care service is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and (ii) because of subitem 5(7) of Schedule 2 to the CTP Act, the place through which the entity provided the residential care service is taken to be, or be part of, an approved residential care home in relation to the registered provider. (3) The old law determination is taken, at and after the transition time, to be a determination (the new law determination) made under subsection 230‑30(1) of the new rules in relation to the approved residential care home. (4) Despite subsection 230‑50(1) of the new rules, the new law determination is taken to take effect at the transition time.