Aged Care (Consequential and Transitional Provisions) Rules 2025
29Modified operation of Division 1 of Part 5 of Chapter 2 of new Act—notional section 91A
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29 Modified operation of Division 1 of Part 5 of Chapter 2 of new Act—notional section 91A
Division 1 of Part 5 of Chapter 2 of the new Act applies as if the following were inserted after section 91:
‘91A Number of places available for allocation at the transition time
(1) This section sets out the methods for working out the following: (a) the number of places available at the transition time to be allocated to individuals for each service group; (b) how many of the places mentioned in paragraph (a) for a service group are for allocation for a particular classification type (other than hospital transition) for the service group. (2) For the service group home support, all of the places available at the transition time to be allocated to individuals are for allocation as full places. Service group home support (3) For the service group home support: (a) the number of places available at the transition time to be allocated to individuals is the total of the following: (i) the number of individuals referred to in paragraph 2(2)(a) of Schedule 2 to the Aged Care (Consequential and Transitional Provisions) Act 2024 (the CTP Act); (ii) the number of individuals referred to in paragraph 2(2)(b) of Schedule 2 to the CTP Act; and (b) the number of places mentioned in paragraph (a) that are for allocation for the classification type ongoing is the number of individuals mentioned in subparagraph (a)(i) who: (i) were prioritised care recipients but had not entered a home care service (within the meaning of the old Act); or (ii) had entered a home care service and had not ceased to be provided with home care through the home care service (within the meaning of the old Act); and (c) the number of places mentioned in paragraph (a) that are for allocation for the classification type short‑term is the number of individuals mentioned in subparagraph (a)(ii). Service group assistive technology (4) For the service group assistive technology: (a) the number of places available at the transition time to be allocated to individuals is the total of the following: (i) the number of individuals referred to in paragraph 2(2)(a) of Schedule 2 to the CTP Act; (ii) the number of individuals referred to in paragraph 2(2)(b) of Schedule 2 to the CTP Act; and (b) the number of places mentioned in paragraph (a) that are for allocation for the classification type short‑term is that number. Service group home modifications (5) For the service group home modifications: (a) the number of places available at the transition time to be allocated to individuals is the total of the following: (i) the number of individuals referred to in paragraph 2(2)(a) of Schedule 2 to the CTP Act; (ii) the number of individuals referred to in paragraph 2(2)(b) of Schedule 2 to the CTP Act; and (b) the number of places mentioned in paragraph (a) that are for allocation for the classification type short‑term is that number. Service group residential care (6) For the service group residential care: (a) the number of places available at the transition time to be allocated to individuals is the total of the following: (i) the number of individuals referred to in paragraph 3(2)(a) of Schedule 2 to the CTP Act; (ii) the number of individuals referred to in paragraph 3(2)(b) of Schedule 2 to the CTP Act; (iii) the number of individuals referred to in paragraph 3(2)(c) of Schedule 2 to the CTP Act, multiplied by 2; and (iv) the number of individuals referred to in paragraph 3(2)(e) of Schedule 2 to the CTP Act, multiplied by 2; and (b) the number of places mentioned in paragraph (a) that are for allocation for the classification type ongoing is the total of the following: (i) the number of individuals mentioned in subparagraph (a)(i); (ii) the number of individuals mentioned in subparagraph (a)(iii); (iii) the number of individuals mentioned in subparagraph (a)(iv); and (d) the number of places mentioned in paragraph (a) that are for allocation for the classification type short‑term is the total of the following: (i) the number of individuals mentioned in subparagraph (a)(ii); (ii) the number of individuals mentioned in subparagraph (a)(iii); (iii) the number of individuals mentioned in subparagraph (a)(iv).