35Deemed decisions to allocate places—TCP—deemed registered providers under subitem 5(1) of Schedule 2 to the CTP Act

35 Deemed decisions to allocate places—TCP—deemed registered providers under subitem 5(1) of Schedule 2 to the CTP Act

(1) This section applies in relation to an entity if: (a) at the transition time, because of subitem 5(1) of Schedule 2 to the CTP Act, the entity is taken to be registered as a registered provider under paragraph 105(1)(a) of the new Act; and (b) at the transition time, either or both of the following apply: (i) because of subparagraph 5(7)(a)(ii) of Schedule 2 to the CTP Act, a place is taken to be, or be part of, an approved residential care home in relation to the entity for the purposes of paragraph 105(1)(b) and section 112 of the new Act; (ii) because of subitem 5(8) of Schedule 2 to the CTP Act, a flexible care service through which flexible care was provided as transition care and through which the entity provided care is taken to be a service delivery branch of the entity for the purposes of the new Act; and (c) as at immediately before the transition time, the entity had been allocated places in respect of flexible care subsidy under Division 14 of the old Act, to provide aged care services for a region within a State or Territory: (i) that had not ceased to have effect; and (ii) that were not places referred to in paragraph 37(1)(b) or 38(1)(c) of this instrument. (2) The System Governor is taken to have made the following decisions at the transition time under subsection 95(1) of the new Act: (a) to allocate to the entity the same total number of places for delivering funded aged care services under the TCP, for the State or Territory that the region is in, as the number of places referred to in paragraph (1)(c) of this section; (b) a decision that, of that total number of places: (i) the number that are for the service group residential care is the same as the number that were being used to provide transition care in a residential setting; and (ii) the number that are for each of the service groups home support, assistive technology and home modifications is the same as the number that were being used to provide transition care in a community setting.