42Conditions that apply to an allocated place—deemed allocation of places to entities

42 Conditions that apply to an allocated place—deemed allocation of places to entities

General (1) Paragraph 99(1)(e) and subsections 99(2) to (4) of the new Act, and paragraph 99‑5(a) of the new rules, do not apply to a place that is taken, under section 35, 36, 37 or 38 of this instrument, to have been allocated under subsection 95(1) of the new Act to an entity. Multi‑Purpose Service Program (2) A place that is taken, under section 37 or 38 of this instrument, to have been allocated to an entity for delivering funded aged care services under the MPSP is taken to be subject to the following conditions: (a) if the place is for a residential care home, it must be used to deliver funded aged care services through the service group residential care in the approved residential care home specified in the agreement under paragraph 247(1)(a) of the new Act between the Commonwealth and the entity; (b) if the place is for a home or community setting, it must be used to deliver funded aged care services through one or more of the service groups home support, assistive technology and home modifications in the location specified in the agreement under paragraph 247(1)(a) of the new Act between the Commonwealth and the entity; (c) conditions that correspond to any other conditions to which the allocation of places referred to in paragraph 37(1)(b) or 38(1)(c) was subject under section 14‑5 or 14‑6 of the old Act.