50Care plan not in existence before transition time

50 Care plan not in existence before transition time

(1) This section applies in relation to a registered provider and an individual if: (a) immediately before the transition time: (i) the registered provider was an approved provider in respect of home care under the old Act; and (ii) the individual was approved under section 22‑1 of the old Act as a recipient of home care; and (iii) the provider was providing home care to the individual through a home care service under the old Act; and (iv) a care plan (as mentioned in the User Rights Principles) was not in existence between the provider and the individual; and (b) at the transition time, the provider is, because of subitem 5(1) or 6(1) of Schedule 2 to the CTP Act, taken to be a registered provider under the new Act; and (c) at the transition time, paragraph 2(1)(c) of that Schedule applies to the individual; and (d) as at the transition time, the registered provider is continuing to deliver services to the individual that are funded aged care services (other than under a specialist aged care program) that correspond as nearly as possible to the types of aged care provided to the individual by the registered provider under the old Act as at immediately before the transition time. (2) Despite subsection 148‑80(1) of the new rules, the provider is required to develop a care and services plan for the individual before the end of the period of 14 days beginning at the transition time.