61Recipient agreement entered into before transition time

61 Recipient 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 service provider (within the meaning of the guidelines for the Transition Care Programme as in force or existing immediately before the transition time) of 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 transition care; and (iii) the service provider was providing flexible care in the form of transition care to the individual on the approved provider’s behalf; and (iv) a recipient agreement that was entered into in accordance with, and that met the requirements of, the guidelines, was in effect between the service provider and the individual; and (v) an episode of transition care had commenced but had not been completed for the individual; and (b) at the transition time, the service 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)(e) 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 that correspond as nearly as possible to the types of aged care provided to the individual by the service provider under the old Act as at immediately before the transition time. (2) The recipient agreement is taken to be a service agreement: (a) entered into between the individual and the registered 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 HS HT class taken to be established for the individual by the CTP Determination. (3) If before the transition time, the recipient agreement covered the charging of a fee for the delivery of the types of aged care provided to the individual, the fee is taken to be the specialist aged care program fee under section 286‑10 of the new rules 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.