142Individual entered care less than 12 months before transition time—post‑2014 classes

142 Individual entered care less than 12 months 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) less than 12 months 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 value 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) Despite the repeal of the old Act: (a) the individual may, at any time during the 6 month period beginning at the transition time, request that the System Governor make any determination referred to in paragraph (1)(c) of this section that the Secretary could have made in relation to the individual if the old Act had not been repealed; and (b) if so requested, the System Governor may, at any time during the 12 month period beginning at the transition time, make any determination referred to in paragraph (1)(c) of this section that the Secretary could have made in relation to the individual if the old Act had not been repealed; and (c) the old Act continues to apply for the purposes of working out the individual’s total assessable income and the value of individual’s assets including, for example: (i) the power of the Secretary to request information under subsection 44‑24(8) of the old Act; and (ii) the power to make a determination for the purposes of making a determination referred to in paragraph (1)(c) of this section. (3) If, under paragraph (2)(b), the System Governor makes a determination (the relevant income determination) referred to in subparagraph (1)(c)(i), then section 139 applies to the relevant income determination as if a reference in subsection 139(1) to an old determination were a reference to the relevant income determination. (4) If, under paragraph (2)(b), the System Governor makes a determination (the relevant asset determination) referred to in subparagraph (1)(c)(ii), then section 140 applies to the relevant asset determination as if a reference in subsection 140(1) to an old asset determination were a reference to the relevant asset determination. (5) Division 1 of Part 7 of Schedule 2 to the CTP Act applies in relation to a decision made under subsection (2) of this section in a corresponding way to the way that Division applies to an equivalent decision made before the transition time. Variation to give effect to decision on review (6) Without limiting item 58A of Schedule 2 to the CTP Act, the System Governor may, on the System Governor’s own initiative, vary or revoke any determination made under subsection (2) of this section to give effect to a decision under Part 6.1 (reconsideration and review of decisions) of the old Act. (7) If a determination is varied or revoked under subsection (6), the variation or revocation takes effect on the day specified by the System Governor, which may be a day before the day the variation or revocation is made.