38Deemed decisions to allocate places—MPSP—deemed registered providers and deemed approved residential care homes under items 6 and 7 of Schedule 2 to the CTP Act

38 Deemed decisions to allocate places—MPSP—deemed registered providers and deemed approved residential care homes under items 6 and 7 of Schedule 2 to the CTP Act

(1) This section applies in relation to an entity if: (a) at the transition time, because of a determination under subitem 6(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) as at immediately before the transition time, the entity was delivering flexible care through a multi‑purpose service on behalf of an approved provider; and (c) as at immediately before the transition time, the approved provider had been allocated places in respect of flexible care subsidy under Division 14 of the old Act that were residential care places or home care places (within the meaning of section 87 of the SFP Determination). (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) a decision to allocate to the entity the same total number of places for delivering funded aged care services under the MPSP as the number of places referred to in paragraph (1)(c) of this section, reduced by the number of places referred to in subsection (3); (b) a decision that, of that total number of places: (i) the number that are for a residential care home is the same as the number that were residential care places; and (ii) the number that are for a home or community setting is the same as the number that were home care places. (3) For the purposes of paragraph (2)(a), the places are the places (if any): (a) that were provisionally allocated; and (b) in relation to which: (i) the circumstances referred to in section 15‑2 of the old Act had occurred; or (ii) the provisional allocation period under section 15‑7 of the old Act had ended.