64Written agreement entered into before transition time

64 Written 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) the provider was a provider in respect of flexible care provided in a community setting or a residential setting through a multi‑purpose service; and (c) immediately before the transition time, the individual either: (i) was party to a written agreement with the provider which provides for the individual to commence accessing flexible care provided in a community setting through the service within the period of 3 months beginning at the transition time; or (ii) was party to a written agreement with the provider which provides for the individual to commence accessing flexible care provided in a residential setting through the service within the period of 3 months beginning at the transition time; 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 intends to deliver services to the individual that are funded aged care services that correspond as nearly as possible to the types of aged care intended to be provided to the individual by the provider under the old Act and in accordance with the agreement as at immediately before the transition time. (2) The written 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). (5) If before the transition time, the written agreement covered the charging of a fee for the delivery of the types of aged care intended to be provided to the individual in accordance with the agreement, 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 (if any) 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.