52Plan of care and services in existence before transition time

52 Plan of care and services 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 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 plan of care and services was in existence between the provider and the individual in accordance with the User Rights Principles; 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 plan of care and services is taken to be a care and services plan, developed by the provider for the individual at the transition time.