57Old service agreement entered into before transition time

57 Old service 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 a CHSP provider within the meaning of the program manual for the Commonwealth Home Support Program as in force or existing at that time; and (ii) the individual had been assessed as eligible for Commonwealth Home Support Program services; and (iii) the provider was providing Commonwealth Home Support Program services to the individual; and (iv) a service agreement (the old service agreement) that was entered into in accordance with, and that met the requirements of, the program manual, was in effect 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 provider is continuing to deliver services to the individual that are funded aged care services that correspond as nearly as possible to the types of aged care provided to the individual by the provider in accordance with the program manual as at immediately before the transition time. (2) The old service agreement is taken to be a service agreement, entered into between the individual and the provider at the transition time. (3) The provider must, in accordance with subsection (4) of this section, review and vary the service agreement to meet the requirements for service agreements prescribed by rules made for the purposes of paragraph 148(c) of the new Act. (4) The review and variation of the service agreement must: (a) occur as soon as practicable, and no later than the end of the period of 12 months beginning at the transition time; and (b) be undertaken as if the service agreement included a clause consistent with the requirements of subsection 148‑65(5) of the new rules (which deals with variations of service agreements).