12Deemed applications for access, eligibility determinations and aged care needs assessments, and modified operation of new Act—individuals who are not aged persons in the National Disability Insurance Agency cohort

12 Deemed applications for access, eligibility determinations and aged care needs assessments, and modified operation of new Act—individuals who are not aged persons in the National Disability Insurance Agency cohort

(1) This section applies to an individual if: (a) before the transition time: (i) subsection 11A(1) of the Approval of Care Recipients Principles applied to the individual; and (ii) the individual’s application mentioned in that subsection was accompanied by the document referred to in paragraph 11A(2)(a) of those Principles; and (b) immediately before the transition time: (i) the care needs of the individual had not been assessed under subsection 22‑4(1) of the old Act; and (ii) the individual had not been approved as a recipient of residential care under subsection 22‑1(2) of the old Act. (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) an aged care needs assessment for the individual is taken to have been: (i) arranged by the System Governor under subsection 61(1) of the new Act; and (ii) undertaken by an approved needs assessor under section 62 of the new Act; and (d) the document referred to in subparagraph (1)(a)(ii) of this section is taken: (i) to be a report of the aged care needs assessment for the individual; and (ii) to have been provided to the System Governor under subsection 63(1) of the new Act. (3) Section 65 of the new Act applies in relation to the individual as if subsection (3) of that section were omitted and substituted with the following: ‘(3) However, the System Governor must not approve a service group, service type or funded aged care service under subsection (2) for an individual unless the individual meets the criteria specified in section 6 of the Approval of Care Recipients Principles 2014, as in force immediately before the transition time.’