67Care and services plan and care plan not in existence before transition time

67 Care and services plan and care plan not 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, 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: (i) a care and services plan (as mentioned in the Quality of Care Principles) was not in existence between the provider and the individual; and (ii) a care plan (as mentioned in the User Rights Principles) was not in existence 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) Despite subsection 148‑80(1) of the new rules, the provider is required to develop a care and services plan for the individual before the end of the period of 6 months beginning at the transition time.