38Eligible persons

#### 38 Eligible persons (1) A person is taken, for the purposes of the new Act, to be approved under Part 2.3 of the new Act as a recipient of \*residential care if, immediately before the commencement day, the person is a person to whom paragraph (a) or (c) of the definition of eligible person in subsection 2(1) of the 1954 Act applies. (2) For the purposes of the new Act, if: (a) the person is a person to whom subparagraph (c)(i) of that definition applies; and (b) immediately before the commencement day, the person is being \*provided with \*respite care through a \*residential care service; the person’s approval is taken to have been limited by the Secretary under paragraph 22-2(1)(c). For the purposes of that paragraph, the period, on and after the commencement day, for which that respite care is provided is taken to be the period specified in the limitation. (3) For the purposes of the new Act, if, under subsection (1), a person is taken to be so approved: (a) the approval lapses if the person is not, or has not been, provided with \*residential care within the period specified in the instrument of approval relating to the person’s approval made under the General Conditions under section 10F of the 1954 Act; and (b) the reference in paragraph 23-1(b) of the new Act to section 23-3 of the new Act is taken, in relation to the person, to be a reference to paragraph (a) of this subsection; and (c) section 23-3 of the new Act does not apply in relation to the person. (4) The Approval of Care Recipient Principles made for the purposes of Part 2.3 of the new Act may specify a \*classification level that applies to each approval referred to in subsection (1). > Note: The approval of Care Recipients are made by the Minister under section 96-1 of the new Act. (5) If those Principles specify a \*classification level, each of the approvals is taken to be limited, under subsection 22-2(3) of the new Act, to a level of care corresponding to that classification level. (6) If the approval in force under the 1954 Act in respect of the person contained a limitation that the Secretary could have imposed under subsection 22-2(1) of the new Act, the approval is taken, for the purposes of the new Act, to be so limited.