141Individual entered care 12 months or more before transition time—post‑2014 classes

141 Individual entered care 12 months or more before transition time—post‑2014 classes

(1) This section applies to an individual if: (a) the individual is in the post‑2014 residential accommodation class or the post‑2014 residential contribution class; and (b) the individual first entered residential care (other than as a recipient of respite care) 12 months or more before the transition time; and (c) immediately before the transition time, the individual does not have in force any of the following: (i) a 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; (ii) a determination under section 44‑26C of the old Act of the individual’s assets; and (d) immediately before the transition time, the Secretary is not considering whether to make any of the determinations referred in paragraph (c) of this subsection. (2) At the transition time, the System Governor is taken to have made a determination (the new determination) under paragraph 320(1)(a) of the new Act that the individual has means not disclosed status. (3) The new determination takes effect at the transition time. (4) The following provisions of the new Act do not apply in relation to the new determination: (a) subsection 320(5) (notice of determination); (b) section 557 (reviewable decisions).