129Pending applications for approval of higher maximum accommodation payment amounts

129 Pending applications for approval of higher maximum accommodation payment amounts

Application (1) This section applies if: (a) before the transition time, an approved provider made an application (the original application) to the Pricing Authority under subsection 52G‑4(1) of the old Act for approval to charge a higher maximum amount of accommodation payment; and (b) immediately before the transition time, the Pricing Authority has not made a decision under section 52G‑4 of the old Act about whether or not to approve the higher maximum amount of accommodation payment specified in the application; 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 application 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. Original applications taken to be applications made under new Act (2) The original application is taken to be an application made by the registered provider to the Pricing Authority under section 290 of the new Act for approval to agree to, and charge, a higher maximum accommodation payment amount in relation to: (a) if the original application 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 application 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(6) of the new rules, the period within which the Pricing Authority must make the decision is the period within which the Pricing Authority was required, in accordance with subsection 27(3) of the Fees and Payments Principles, to make a decision on the original application. Notices requiring further information (4) If a notice (the original notice) was given to the approved provider before the transition time under subsection 52G‑4(3) of the old Act, requiring the approved provider to give further information for the purposes of determining the original application, the notice is taken to be a notice given to the registered provider under subsection 290(4) of the new Act. (5) For the purposes of subsection 290(4) of the new Act, the period for complying with the notice is the period within which the original notice was required to be complied with in accordance with subsection 52G‑4(3) of the old Act. (6) To avoid doubt, for the purposes of subsection 290‑25(7) of the new rules, the day the request was made is the day the original notice was given.