128Decisions not to approve higher maximum accommodation payment amounts before the transition time

128 Decisions not 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 not approve a higher maximum amount of accommodation payment specified in an application made by an approved provider; and (b) 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 (c) 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) For the purposes of applying paragraph 290(3)(b) of the new Act after the transition time, the original decision is taken to be a decision made under section 290 of the new Act in relation to the approved residential care home of the registered provider. (3) To avoid doubt, nothing in subsection (2) of this section is taken to change the time at which the decision was made. (4) If, immediately before the transition time, no notice of the original decision was given in accordance with subsection 27(1) of the Fees and Payments Principles, the obligation in that subsection continues to apply to as if the Fees and Payments Principles had not been repealed.