143Determination of an individual’s total assessable income—not decided at transition time

143 Determination of an individual’s total assessable income—not decided at transition time

(1) This section applies to an individual if: (a) the individual entered residential care (other than as a recipient of respite care) before the transition time; and (b) immediately before the transition time, the Secretary is considering whether to make a determination (the inflight determination) under: (i) subsection 44‑24(1) or paragraph 44‑24(2)(b), (3)(b), (3A)(b) or (4)(b) of the old Transitional Provisions Act; or (ii) 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 the old Transitional Provisions Act or the old Act (as the case requires). (2) Despite the repeal of the old Transitional Provisions Act and the old Act: (a) the System Governor may after the transition time make the inflight determination under the relevant provision of the old Transitional Provisions Act or the old Act (as the case requires); and (b) the old Transitional Provisions Act or the old Act (as the case requires) continues to apply for the purposes of working out: (i) the individual’s total assessable income; and (ii) the individual’s means tested amount; including, for example, the power of the Secretary to request information under subsection 44‑24(8) the old Transitional Provisions Act or subsection 44‑24(8) of the old Act (as the case requires). (3) If, under paragraph (2)(a), the System Governor makes an inflight determination referred to in subparagraph (1)(b)(i), then section 136 applies to the inflight determination as if a reference in subsection 136(1) to an old determination were a reference to the inflight determination. (4) If, under paragraph (2)(a), the System Governor makes an inflight determination referred to in subparagraph (1)(b)(ii), then section 139 applies to the inflight determination as if a reference in subsection 139(1) to an old determination were a reference to the inflight 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: (a) Part 6.1 (reconsideration and review of decisions) of the old Transitional Provisions Act; or (b) Part 6.1 (reconsideration and review of decisions) of the old Act. (7) If 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.