National Health Regulations (Amendment) (Cth)

STATUTORY RULES

1971 No.

 

REGULATIONS UNDER THE NATIONAL HEALTH ACT 1953-1970.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Health Act 1953-1970.

Dated this nineteenth day of August, 1971,

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for Health.

 

Amendments of the National Health Regulations 

Parts.

1. Regulation 2 of the National Health Regulations is amended by omitting the words—

“Part IIIa.—Assistance by the Commonwealth towards Medical and Hospital Benefits (Regulations 20a-20c).”

and inserting in their stead the words—

“Part IIIa.—Assistance by the Commonwealth towards Medical and Hospital Benefits (Regulations 20a-20e.)”.

2. After regulation 20c of the National Health Regulations the following regulations are inserted in Part IIIa.:—

Modifications of section 44 of the Social Services Act.

“20d. Section 44 of the Social Services Act 1947-1971, in its application to a person in respect of whom a determination is in force under section 82u of the Act, is modified as set out in the First Schedule to these Regulations.

Modifications of section 45 of the Social Services Act.

“20e. Section 45 of the Social Services Act 1947-1971, in its application to a person in respect of whom a determination is in force under section 82u of the Act, is modified as set out in the Second Schedule to these Regulations.”.

Fees and allowances of members of Committees.

3.—(1.) Regulation 23 of the National Health Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) Subject to the next succeeding sub-regulation, the fee payable to a member of a Committee is—

(a) if the member is the Chairman of the Committee—Forty dollars; or

(b) in any other case—Thirty-five dollars,

for each day on which he attends a meeting of the Committee.

* Notified in the Commonwealth Gazette on 1971.

  Statutory Rules 1954, No. 35, as amended by Statutory Rules 1937, No. 71; 1958, No. 63; 1962, Nos. 55, 70 and 113; 1965, Nos.17, 94 and 185; 1966, No. 99; 1967, No. 86; 1969, Nos. 91 and 220; 1970, Nos. 70 and 166; and 1971. No. 28.

15304/70—Price 8c 10/28.6.1971

 

“(2a.) Where the duration of a meeting of the Committee on a day is less than three hours, the fee payable to a member of the Committee, in respect of his attendance at the meeting on that day, is—

(a) if the member is the Chairman of the Committee—Twenty-five dollars; or

(b) in any other case—Twenty dollars.”.

(2.) The amendment made by the last preceding sub-regulation applies to a meeting of a Committee held on the first day of September, 1969, or any subsequent day before the commencement of these Regulations, being a meeting the duration of which on that day was three hours or more.

The Schedules.

4. The National Health Regulations are amended by adding at the end thereof, the following Schedules:—

THE SCHEDULES

—

FIRST SCHEDULE Regulation 20d.

Modifications of Section 44 of the Social Services Act 1947-1971

1. Omit “, not being a permanently blind person”.

2. Omit “relating to the income and properly of the pensioner and of his spouse (if any)”, insert “containing such particulars of the relevant income or of the properly or of the relevant income and of the properly of the pensioner as he is required by the form to furnish”.

3. Add at the end of the section the following sub-section:—

“(2.) in the last preceding sub-section—

(a) a reference to the relevant income of a pensioner shall be read as including a reference to the relevant income of any other person whose income is to be deemed to be included in the income of the pensioner by virtue of sub-section (2.) of section 82q of the National Health Act 1953-1970; and

(b) a reference to the property of a pensioner shall be read as including a reference to the properly of any other person whose means as assessed are to be deemed to be included in the means as assessed of the pensioner by virtue of the sub-section referred to in the last preceding paragraph.

‘the relevant income’ means—

(a) in the case of a person, being a pensioner (other than a prescriber pensioner within the meaning of the next succeeding section) or a person whose income is to be deemed to be included in the income of such a pensioner by virtue of sub-section (2.) of section 82q of the National Health Act 1953-1970—the income that would be the income, as defined by section 18 of this Act, of the person if the reference in paragraph (e) of the definition of “income” in that section to a payment under Part VIIa. or Part VIII. of this Act were omitted and if paragraphs (h) and (j) of that definition were omitted; and

(b) in the case of a person, being a prescribed pensioner within the meaning of the next succeeding section or a person whose income is to be deemed to be included in the income of such a pensioner by virtue of sub-section (2.) of section 82q of the National Health Act 1953-1970—the income, whether or not income as defined by section 18 of this Act, of the person, other than income of a kind included in a class of income prescribed for the purpose of paragraph (d)of sub-section (2.) of section 82q of the National Health Act 1953-1970.”.

———

SECOND SCHEDULE Regulation 20e.

Modifications of Section 45 of the Social Services Act 1947-1971

1. Omit from sub-section (1.) “Except as prescribed, whenever a pensioner, not being a permanently blind person”, insert “Whenever a pensioner, not being a prescribed pensioner”.

2.Omit sub-sections (2.), (3.) and (4.), insert the following sub-sections:—

“(1a.) Whenever a pensioner, not being a prescribed pensioner, becomes aware that an associated person has become the owner of properly, he shall, within twenty-eight days after so becoming aware, notify a Director that the person has become the owner of that property.

“(1b) The person, or each of the persons, whose means as assessed are to be deemed to be. included in the means as assessed of a pensioner by virtue of sub-section (2.) of section 82q of the National Health Act is an associated person in relation to the pensioner for the purpose of the last preceding sub-section.

“(2.) Where the average weekly rate of the sum of—

(a) the relevant income received in a prescribed period personally by a prescribed pensioner; and

(b) any relevant income received in that period by an associated person,

is higher than the prescribed rate, the pensioner shall, within fourteen days after the expiration of that period, notify a Director of the amount of the relevant income received by him personally, and the amount of the relevant income received by that associated person or those associated persons, in that period.

“(3.) Where the average weekly rate of the sum of—

(a) the relevant income received in a prescribed period personally by a pensioner, other than a prescribed pensioner; and

(b) any relevant income received in that period by an associated person,

is higher that the prescribed rate and is higher than the average weekly rate of the sum of the relevant income received by the pensioner personally and the relevant income of any associated person or persons last specified by him in a claim, statement or notification under this Part, the pensioner shall, within fourteen days after the expiration of that period, notify a Director of the amount of the relevant income received by him personally, and the amount of the relevant income received by that associated person or those associated persons, in that period.

“(3a.) The person, or each of the persons, whose income is to be deemed to be included in the income of a pensioner by virtue of sub-section (2.) of section 82q of the National Health Act is an associated person in relation to the pensioner for the purpose of sub-sections (2.) and (3.) of this section.

“(3b,) In this section, a reference to the relevant income received by a person personally shall be read as a reference to the relevant income of that person excluding any relevant income that is to be deemed to be included in the income of that person by virtue of the provisions of sub-section (2.) of section 82q of the National Health Act.

“(4.) In this section—

‘Class A determination’, ‘Class B determination’ and ‘Class C determination’ have the same respective meanings as in Division 3 of Part VI. of the National Health Act;

‘prescribed pensioner’ means a pensioner who, being a man, has not attained the age of sixty-five years or, being a woman, has not attained the age of sixty years;

‘prescribed period’, in relation to a pensioner, means—

(a) any period of such number of consecutive weeks as the Director-General, by notice in writing to the pensioner, from time to time specifies; or

(b) in the absence of such a notice—any period of eight consecutive weeks;

‘prescribed rate’, in relation to a pensioner, means—

(a) such rate per week as the Director-General, by notice in writing to the pensioner, from time to time specifies; or

(b) in the absence of such a notice—

(i) if a Class A determination is in force in relation to the pensioner—a rate of Forty-two dollars fifty cents per week or, if an amount is prescribed for the purposes of sub-paragraph (i) of paragraph (a) of sub-section (4.) of section 82u of the National Health Act, a rate equal to the amount so prescribed per week;

(ii) if a Class B determination is in force in relation to the pensioner—a rate of Forty-five dollars fifty cents per week or, if an amount is prescribed for the purposes of sub-paragraph (ii) of paragraph (a) of sub-section (4.) of section 82u of the National Health Act, a rate equal to the amount so prescribed per week; or

(iii) if a Class C determination is in force in relation to the pensioner— a rate of Forty-eight dollars fifty cents per week or, if an amount is prescribed for the purposes of sub-paragraph (iii) of paragraph (a) of sub-section (4.) of section 82u of the National Health Act, a rate equal to the amount so prescribed per week;

‘the National Health Act’ means the National Health Act 1953-1970;

‘the relevant income’ means—

(a) in the case of a person, being a pensioner (other than a prescribed pensioner) or an associated person in relation to a pensioner (other than a prescribed pensioner) for the purpose of sub-section (3.) of this section— the income that would be the income, as defined by section 18 of this Act, of the person if the reference in paragraph (e) of the definition of “income” in that section to a payment tinder Part VIIa. or Part VIII. of this Act were omitted and if paragraphs (h) and (j) of that definition were omitted; and

(b) in the case of a person, being a prescribed pensioner of an associated person in relation to a prescribed pensioner for the purpose of sub-section (2.) of this section—the income, whether or not income as defined by section 18 of this Act, of the person, other than income of a kind included in a class of income prescribed for the purpose of paragraph (d) of sub-section (2.) of section 82q of the National Health Act.”,

3. Omit from sub-section (6.) “ , subject to the next succeeding sub-section,”.

4. Omit sub-section (7.).

 

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