Veterans' Entitlements (Transition Care/Community Care at Home Package Co Payment for Ex POW/Victoria Cross Recipients) Eligibility Determination 2011 (Cth)

REPATRIATION COMMISSION

Veterans’ Entitlements Act 1986

Veterans’ Entitlements (Transition Care/Community Care at Home Package – Co Payment for Ex POW/Victoria Cross Recipients) Eligibility Determination 2011

Instrument No R3/2011

1.      The Repatriation Commission makes this Determination under paragraph 88A(1)(a) of the Veterans’ Entitlements Act 1986 (Act).

2. For the purposes of paragraph 88A(1)(a) of the Act the Repatriation Commission specifies the class of persons in Part 2 and the kind of treatment in Part 3.

Dated this             21st            day of   February              2011

Ian Campbell               Shane Carmody                   Major General Mark Kelly AO DSC

…………………………………………………………………………………………….

IAN CAMPBELL    SHANE CARMODY    MAJOR GENERAL MARK KELLY AO DSC

PRESIDENT           DEPUTY PRESIDENT              COMMISSIONER

Part 1         Introduction

1.1Name of Determination

This Determination is the Veterans’ Entitlements (Transition Care/Community Care at Home Package – Co Payment for Ex POW/Victoria Cross Recipients) Eligibility Determination 2011

1.2Commencement

(a)     Subject to (b) this Determination commences on the day after the day it is registered on the Federal Register of Legislative Instruments.

(b)     In respect of eligibility for treatment that is a community aged care package or an extended aged care at home package, this determination is taken to have commenced on 21 August 2009.

1.3Definitions

In this Determination:

Act means the Veterans’ Entitlements Act 1986.

community aged care package means the treatment of Community Aged Care Package under Part D of PART 10 of the Treatment Principles.

extended aged care at home package means the treatment of Extended Aged Care at Home Package under Part D of PART 10 of the Treatment Principles.

Repatriation Commission means the body corporate continued in existence under section 179 of the Act.

specified class means the class of persons specified in Part 2 of this Determination.

specified treatment means treatment described in Part 3 of this Determination.

transition care means the treatment of that name in Part E of PART 10 of the Treatment Principles.

Treatment Principles means the document prepared by the Repatriation Commission under section 90 of the Act.

veteran means a person described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Actor means a person described in paragraph 81(2)(a) of the Act(as those provisions are in force from time to time).

1.4   Purpose

To specify, for the purposes of paragraph 88A(1)(a) of the Actrespectively, a class of veterans and the kind of treatment a veteran within a relevant class is eligible to be provided under the Act.

Upon the identification of the class and the relevant treatment, the Repatriation Commission may accept financial responsibility for the relevant treatment provided to a person in the class.

Section 88A of the Actenables the Repatriation Commission to extend treatment-eligibility in the Act so that a person may be provided with treatment for any injury/disease, irrespective of whether it is service-related and may be provided with treatment where no injury/disease exists (e.g. frailty).  In the Act, eligibility for treatment is generally (but not always) dependent on whether a person’s injury/disease is service-related and is always dependent on the person suffering from an injury/disease.

Section 88A is used in the current situation to confer eligibility for treatment (transition care, community aged care package, extended aged care at home package) on a veteran who is a former prisoner of war or the recipient of the Victoria Cross who may not be suffering from an injury/disease that is service-related or who may not be suffering from an injury/disease at all but who is frail.  In either situation the person is, by virtue of this determination, eligible for transition care, a community aged care package, and extended aged care at home package, under the Treatment Principles.

Part 2         Specified Class of Person

A person who:

(a) is a veteran; and

(b) is a former prisoner of war or the recipient of the Victoria Cross;

is eligible to be provided with the specified treatment.

Part 3         Specified Kind of Treatment

The kind of treatment a person within the specified class is eligible to be provided with under Part V of the Act is:

(a) community aged care package;

(b) extended aged care at home package;

(c) transition care.