127Decisions to approve higher maximum accommodation payment amounts before the transition time

127 Decisions to approve higher maximum accommodation payment amounts before the transition time

(1) This section applies if: (a) before the transition time, the Pricing Authority made a decision (the original decision) under subsection 52G‑4(5) of the old Act to approve a higher maximum amount of accommodation payment specified in an application made by an approved provider; and (b) immediately before the transition time, the original decision was in effect or yet to come into effect; and (c) the approved provider is taken, at the transition time, to be a registered provider under the new Act, due to the operation of subitem 5(1) of Schedule 2 to the CTP Act; and (d) the original decision relates to a residential care service or flexible care service, or a distinct part of such a service, that was provided by the approved provider through a place that, at the transition time, is taken to be, or be part of, an approved residential care home in relation to the registered provider due to the operation of subitem 5(7) of Schedule 2 to that Act. (2) The original decision is taken, at the transition time, to be a decision made by the Pricing Authority under section 290 of the new Act to approve the higher maximum accommodation payment amount in relation to: (a) if the original decision relates to a residential care service or flexible care service and paragraph (b) does not apply—the approved residential care home of the registered provider; or (b) if the original decision relates to a distinct part of a residential care service or flexible care service—the distinct part of the approved residential care home of the registered provider. (3) For the purposes of subsection 290‑25(3) and subsections 290‑25(5) to (7) of the new rules: (a) if a notice of the original decision was given in accordance with subsection 27(1) of the Fees and Payments Principles before the transition time—the notice is taken to be a notice of the new decision given in accordance with those subsections of the new rules; or (b) if no notice of the original decision was given in accordance with subsection 27(1) of the Fees and Payments Principles before the transition time—those subsections of the new rules apply as though: (i) a reference in those subsections to a decision included a reference to the original decision; and (ii) a reference in those subsections to an application made in accordance with subsection 290(3) of the new Act included a reference to an application made in accordance with subsection 52G‑4(2) of the old Act. (4) For the purposes of subsection 290‑25(8) of the new rules, the day on which the approval takes effect is: (a) if a notice of the original decision was given in accordance with subsection 27(1) of the Fees and Payments Principles before the transition time—the day the decision takes effect as specified in the notice; or (b) if no notice of the original decision was given in accordance with subsection 27(1) of the Fees and Payments Principles before the transition time—the day specified in the notice of the decision given in accordance with subsections 290‑25(3) to (7) of the new rules. (5) To avoid doubt, for the purposes of applying paragraph 290(3)(b) of the new Act after the transition time, nothing in this section is taken to change the time at which the original decision was made. Conditional approvals (6) If the original decision was made to approve a higher maximum amount of accommodation payment specified in an application made by an approved provider subject to the condition (the old condition) referred to in subsection 26(3) of the Fees and Payments Principles before the transition time, then, after the transition time: (a) the condition in subsection 290‑30(2) of the new rules does not apply to the approval; and (b) the old condition continues to apply to the approval.