9Deemed applications for access, eligibility determinations and arrangements for aged care needs assessments—individuals for whom assessment of care needs in progress under old law

9 Deemed applications for access, eligibility determinations and arrangements for aged care needs assessments—individuals for whom assessment of care needs in progress under old law

(1) This section applies to an individual if immediately before the transition time: (a) the care needs of the individual were being assessed under subsection 22‑4(1) of the old Act; and (b) a decision had not been made under subsection 22‑1(2) of the old Act to approve the individual, or to reject an application to approve the individual, as a recipient of one or more types of aged care; and (c) a decision had not been made about the individual’s eligibility for Commonwealth Home Support Programme services. (2) At the transition time: (a) the individual is taken to have applied to the System Governor for access to funded aged care services under subsection 56(1) of the new Act; and (b) the System Governor is taken to have decided to make an eligibility determination for an aged care needs assessment for the individual under subsection 57(1) of the new Act, regardless of whether section 58 of the new Act applies in relation to the individual; and (c) the System Governor is taken to have arranged for an aged care needs assessment for the individual to be undertaken by an approved needs assessor under subsection 61(1) of the new Act. (3) For the purposes of paragraph (2)(c) of this section, the assessment of the care needs of the individual under subsection 22‑4(1) of the old Act that was occurring immediately before the transition time continues in force for an aged care needs assessment under subsection 61(1) of the new Act that occurs after the transition time.