Aged Care (Consequential and Transitional Provisions) Rules 2025
173Accommodation charges
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173 Accommodation charges
(1) This section applies to an individual in the pre‑2014 accommodation class if, immediately before the transition time, an accommodation charge agreement (within the meaning of the old Transitional Provisions Act) was in effect for the individual with an approved provider that is, because of subitem 5(1) of Schedule 2 to the CTP Act, taken to be a registered provider at the transition time. (2) For the purposes of applying section 287 of the new Act and Part 2 of Chapter 9 of the new rules to the individual: (a) the accommodation charge agreement continues in effect (and may be dealt with) on and after that time as if it were an accommodation charge agreement entered into with the registered provider under Division 4 of that Part; 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; and (d) an amount of interest that, before the transition time, was paid or payable to the approved provider in accordance with section 57A‑12 of the old Transitional Provisions Act, as in force immediately before the transition time, is taken to have been paid, or to be payable, to the registered provider in accordance with section 287‑155 of the new rules. (3) Subsection (2) is not intended to change the time at which any thing referred to in that subsection was done or happened.