51Flexible care agreement entered into before transition time

51 Flexible care agreement entered into 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 flexible care under the old Act; and (ii) the individual was approved under section 22‑1 of the old Act as a recipient of flexible care in the form of short‑term restorative care; and (iii) the provider was providing flexible care in the form of short‑term restorative care to the individual; and (iv) a flexible care agreement that was entered into in accordance with paragraphs 56‑3(g) and (m) of the old Act and section 23AF of the User Rights Principles, and that met the requirements of section 23AG of the User Rights Principles, was in effect between the provider and the individual; and (v) an episode of short‑term restorative care had commenced but had not been completed for 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)(d) of that Schedule applies to the individual; and (d) as at the transition time, the 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 provider under the old Act as at immediately before the transition time. (2) The flexible care agreement is taken to be a service agreement: (a) entered into between the individual and the provider at the transition time; and (b) during the period beginning at the transition time and ending at the end of the period of effect for the classification level STRC class taken to be established for the individual by the CTP Determination. (3) If before the transition time, the flexible care agreement covered the charging of an amount for the delivery of the types of aged care provided to the individual in accordance with section 23AB of the User Rights Principles, the provider may continue to charge the amount for the delivery of the funded aged care services referred to in paragraph (1)(d) of this section during the period referred to in paragraph (2)(b) of this section.