Aged Care (Consequential and Transitional Provisions) Act 2024 (109 of 2024)

Schedule 2   Application, saving and transitional provisions

Part 2   Transitional provisions for Chapter 2 of the new Act

2   Access approvals for service groups home support, assistive technology and home modifications

Access approvals and related decisions

(1) The System Governor is taken to have made the following decisions at the transition time, in relation to an individual to whom subitem (2) applies:

(a) an eligibility determination under subsection 57(1) of the new Act;

(b) a decision under subsection 65(1) of the new Act that the individual requires access to funded aged care services;

(c) for an individual referred to in paragraph (2)(a) or (e) of this item - a decision under paragraph 65(2)(a) of the new Act that the individual is approved for the following:

(i) the classification type ongoing for the service group home support;

(ii) the classification type short-term for the service group assistive technology;

(iii) the classification type short-term for the service group home modifications;

(d) for an individual referred to in paragraph (2)(b) of this item - a decision under paragraph 65(2)(a) of the new Act that the individual is approved for the following:

(i) the classification type short-term for the service group home support;

(ii) the classification type short-term for the service group assistive technology;

(iii) the classification type short-term for the service group home modifications;

(e) for an individual referred to in paragraph (2)(c) of this item - a decision under paragraph 65(2)(a) of the new Act that the individual is approved for the following:

(i) the classification type hospital transition for the service group home support;

(ii) the classification type hospital transition for the service group assistive technology;

(f) for an individual referred to in paragraph (2)(d) or (f) of this item - a decision under paragraph 65(2)(a) of the new Act that the individual is approved for the following:

(i) the classification types ongoing and short-term for the service group home support;

(ii) the classification type short-term for the service group assistive technology;

(iii) the classification type short-term for the service group home modifications;

(g) for an individual referred to in paragraph (2)(g) of this item - a decision under paragraph 65(2)(a) of the new Act that the individual is approved for each service group and each classification type for that service group specified by the determination;

(h) for an individual referred to in any paragraph in subitem (2) of this item and who is not an Aboriginal or Torres Strait Islander person:

(i) a decision under subparagraph 65(2)(b)(i) of the new Act that the individual is approved for all service types in each of those service groups; and

(ii) a decision under subparagraph 65(2)(b)(ii) of the new Act that the individual is approved for all funded aged care services in a service type to which that subparagraph applies.

Individuals to whom transition applies

(2) This subitem applies to the individual if, as at immediately before the transition time, the individual:

(a) was approved under section 22-1 of the old Act as a recipient of home care; or

(b) was approved under section 22-1 of the old Act as a recipient of flexible care in the form of short-term restorative care (within the meaning of the old Principles); or

(c) was approved under section 22-1 of the old Act as a recipient of flexible care in the form of transition care (within the meaning of the old Principles); or

(d) either:

(i) was accessing flexible care provided in a community setting through a multi-purpose service (within the meaning of the old Principles); or

(ii) was party to a written agreement with an approved provider (within the meaning of the old Act) of a multi-purpose service (within the meaning of the old Principles) which provides for the individual to commence accessing flexible care provided in a community setting through that service within the period of 3 months beginning at the transition time; or

(e) had been assessed as eligible for Commonwealth Home Support Programme services; or

(f) had, at any time in the previous 12 months, accessed services under the National Aboriginal and Torres Strait Islander Flexible Aged Care Program; or

(g) was in a class of individuals determined under subitem (3) by the System Governor to be a transitional cohort.

(3) The System Governor may, by legislative instrument, determine a class of individuals to be a transitional cohort for the purposes of paragraph (2)(g) if:

(a) the individuals in that class were eligible to access aged care (whether under the old Act or under a Commonwealth program) at any time in the 12 month period ending at the transition time; and

(b) the System Governor considers it reasonably necessary to make the determination to ensure continuity of aged care for those individuals.

(4) A determination under subitem (3) may be made after the transition time.

Limitations on funded aged care services to which transition applies for individuals eligible for Commonwealth Home Support Programme

(5) Despite subparagraph (1)(h)(i), that subparagraph does not apply in relation to an individual to whom paragraph (2)(e) applies and a service type (a new Act service type ) referred to in that subparagraph unless the individual had been assessed as eligible under the Commonwealth Home Support Programme for a service type that corresponds as nearly as possible to the new Act service type.

Limitations on funded aged care services to which transition applies for individuals who are not Aboriginal or Torres Strait Islander persons

(6) Despite subparagraph (1)(h)(i) or (ii), that subparagraph does not apply in relation to an individual who is not an Aboriginal or Torres Strait Islander person and a service type or funded aged care service referred to in that subparagraph unless:

(a) the individual has a long-term physical, mental, sensory or intellectual impairment and the impairment may hinder the individual's participation in society on an equal basis with others as a result of the impairment's interaction with various barriers; and

(b) any of the following apply:

(i) each of the funded aged care services in the service type, or the funded aged care service, is an in-home, residential or other community support service and access to the funded aged care services in the service type, or the funded aged care service, is necessary to support the individual to live and be included in the community, and to prevent isolation or segregation of the individual from the community;

(ii) access to the funded aged care services in the service type, or the funded aged care service, will facilitate personal mobility of the individual in the manner and at the time of the individual's choice;

(iii) the funded aged care services in the service type each involve, or the funded aged care service involves, a mobility aid or device, or assistive technology, live assistance or intermediaries that will facilitate personal mobility of the individual;

(iv) the funded aged care services in the service type are each, or the funded aged care service is, a health service that the individual needs because of the individual's impairment or because of the interaction of the individual's impairment with various barriers;

(v) the funded aged care services in the service type are each, or the funded aged care service is, a habilitation or rehabilitation service;

(vi) the funded aged care services in the service type are each, or the funded aged care service is, a service that will assist the individual to access a service mentioned in subparagraph (iv) or (v);

(vii) the funded aged care services in the service type, or the funded aged care service, will minimise the prospects of the individual acquiring a further impairment or prevent the individual from acquiring a further impairment;

(viii) the funded aged care services in the service type are each, or the funded aged care service is, a medical service required by the individual because of sickness.

(7) For the purposes of paragraph (6)(a), an impairment may be long-term despite the fact it is episodic, fluctuating or varying in intensity over time.