63Resident agreement or home care agreement entered into before transition time

63 Resident agreement or home 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, the registered provider was an approved provider in respect of flexible care under the old Act; and (b) immediately before the transition time, the provider was providing: (i) flexible care provided in a community setting through a multi‑purpose service to the individual; or (ii) flexible care provided in a residential setting through a multi‑purpose service to the individual; and (c) immediately before the transition time, either: (i) a resident agreement that was entered into in accordance with paragraph 56‑1(h) of the old Act, and that met the requirements of section 59‑1 of the old Act, was in effect between the provider and the individual; or (ii) a home care agreement that was entered into in accordance with paragraph 56‑2(g) of the old Act, and that met the requirements of section 61‑1 of the old Act, was in effect between the provider and the individual; and (d) 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 (e) at the transition time, either paragraph 2(1)(f) of that Schedule or subparagraph 3(1)(c)(iii) of that Schedule applies to the individual; and (f) 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 under the old Act as at immediately before the transition time. (2) The resident agreement or the home care agreement, as applicable, 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). (5) If before the transition time, the resident agreement or home care agreement, as applicable, 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)(f) of this section during the period beginning at the transition time and ending when the service agreement has been reviewed and varied accordance with subsection (3) of this section.