Aged Care (Consequential and Transitional Provisions) Rules 2025
139Determination of an individual’s total assessable income—post‑2014 residential contribution class
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139 Determination of an individual’s total assessable income—post‑2014 residential contribution class
(1) This section applies to an individual if: (a) the individual is in the post‑2014 residential contribution class; and (b) immediately before the transition time, there is in force a determination (the old determination) under subsection 44‑24(1) or paragraph 44‑24(2)(b), (3)(b), (3A)(b) or (4)(b) of the old Act for the purposes of working out the individual’s total assessable income under that Act. (2) At the transition time, the System Governor is taken: (a) to have made a determination (the new determination) under subsection 322(1) of the new Act that the individual’s total assessable income at that time is an amount equal to the amount of the individual’s total assessable income worked out immediately before the transition time, under section 44‑24 of the old Act as in force at that time; and (b) to have made a determination (the new determination) under the equivalent provision of section 323 of an amount equal to the amount determined in the old determination. (3) The new determinations are taken to have effect from the transition time. (4) The following provisions of the new Act do not apply in relation to the new determinations: (a) subsection 322(8) (notice of determination); (b) section 557 (reviewable decisions).