167General rules

167 General rules

(1) For the purposes of applying the new law to the individual: (a) the accommodation agreement continues in effect (and may be dealt with) on and after that time as if it were an accommodation agreement entered into with the registered provider under Division 3 of Part 4 of Chapter 4 of the new Act; and (b) residential care (within the meaning of the old Act) that was provided to the individual by the approved provider through a residential care service (within the meaning of the old Act) in accordance with the agreement before the transition time is taken on and after that time to have been the delivery of ongoing funded aged care services to the individual in the approved residential care home of the registered provider that the System Governor, in accordance with subitem 5(7) of Schedule 2 to the CTP Act, deems the service to be or be part of; and (c) the individual’s day of entry (within the meaning of the old Act) for the residential care service is taken to be the individual’s start day for the approved residential care home. (2) A reference in the new law to a refundable accommodation contribution includes a reference to a refundable accommodation contribution within the meaning of the old Act paid under the agreement before the transition time. (3) A reference in the new law to a refundable accommodation deposit includes a reference to a refundable accommodation deposit within the meaning of the old Act paid under the agreement before the transition time. (4) Subsection (2) or (3) does not apply if, at the transition time, the refundable deposit balance, in relation to the refundable accommodation contribution or refundable accommodation deposit, is nil.