126When individual contribution is zero—annual contribution cap under the old Act

126 When individual contribution is zero—annual contribution cap under the old Act

Section 273 of the new Act applies as if the following were added at the end: ‘(6) Despite subsection (2), the individual contribution for the delivery of the funded aged care service to the individual on the day is zero if: (a) the day occurs during the annual cap period for the individual; and (b) before the transition time, the sum of the care subsidy reductions under section 48‑7 of the old Act during the annual cap period for the individual was at least the annual cap (within the meaning of subsection 48‑7(7) of the old Act) applying immediately before the transition time for the individual. (7) The annual cap period for the individual is the period of 12 months starting on the day, in the 12 month period before the transition time, that is: (a) the day (the first day) on which the individual first entered an aged care service (within the meaning of the old Act) other than as a continuing care recipient (within the meaning of the old Act); or (b) a day that is an anniversary of the first day.’