Veterans' Entitlements Treatment (Residential and Respite Care) Determination 2001 (Cth)
REPATRIATION COMMISSION
Veterans' Entitlements Act 1986
Veterans' Entitlements Treatment (Residential and Respite Care) Determination 2001
Instrument No.4/2001
The Repatriation Commission makes this Determination under paragraph 88A(1)(a) of the Veterans’ Entitlements Act 1986.
Dated 4 October 2001
| NEIL JOHNSTON PRESIDENT | IAN CAMPBELL DEPUTY PRESIDENT | PAUL STEVENS COMMISSIONER |
Repatriation Commission
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1.1Name of Determination
This Determination is the Veterans' Entitlements Treatment (Residential and Respite Care) Determination 4/2001.
1.2Commencement
Upon the approval of Instrument 3/2001 (Veterans' Entitlements (Treatment Principles -Residential and Respite Care and Veterans' Home Care) Instrument 3/2001) by the Minister for Veterans' Affairs, this Determination commences, or is taken to have commenced, as follows:
(a) in relation to residential care (respite) other than residential
care (28 day respite) — on 30 March 2000;
Note: 30 March 2000 was the date on which a similar Determination for residential care
commenced (Determination 20/2000).
(b) in relation to residential care (respite) that is residential
care (28 day respite) — on the date Part 2 of Instrument no.3/2001 that varies the Treatment Principles, takes effect;
(c) in relation to Respite Care other than residential care (28 day
respite) — 1 January 2001.
Note: Respite Care is in-home respite, emergency short term home relief or residential care
(28 day respite), under the Veterans' Home Care Program.
1.3Definitions
In this Determination:
Act means the Veterans’ Entitlements Act 1986.
determined condition means the condition in respect of which a veteran is eligible to be provided with Respite Care or residential care (respite) under paragraph 2 of this Determination.
residential care has the same meaning it has in the Treatment Principles;
residential care (respite) means residential care provided as respite and includes residential care (28 day respite);
residential care (28 day respite) means residential care provided as respite for up to 28 days in a Financial year pursuant to the Veterans' Home Care Program;
Note (1): under the Treatment Principles, "residential care" means personal or nursing care or both. It does not mean, as at the date this Determination was made, "medical treatment".
Note (2): under the Treatment Principles, residential care is treatment.
Note (3): Determination 20/2000 enabled the application of residential care (non respite) to non-war caused etc conditions of white-card holders. This Determination enables the application of residential care (respite) and Respite Care (under the Veterans' Home Care Program) to non-war caused etc conditions of white-card holders.
respite has the same meaning it has in the Treatment Principles.
Respite Care means the service of Respite Care provided under the Veterans' Home Care Program.
Note: under the Treatment Principles, Respite Care under the Veterans' Home Care Program means in-home respite, emergency short term home relief or residential care (28 day respite).
Treatment Principles means the written document prepared by the Repatriation Commission in force under subsection 90(1) of the Act.
Veterans' Home Care Program has the meaning it has under the Treatment Principles.
1.4 Purpose
The purpose of this Determination is to enable the Commission (Repatriation Commission) to accept financial responsibility for residential care (respite), and Respite Care under the Veterans' Home Care program, applied to a non-war/defence caused condition of a veteran who had been granted a white card for a war/defence caused condition.
Previously in the case of such a veteran, the Repatriation Commission was only empowered to accept financial responsibility
for care applied to any war/defence caused condition of the veteran.
Note (1): example, a veteran (white card holder) is receiving residential care (respite). The veteran has a war-caused leg injury and a non war-caused skin condition. By reason of this Determination the Repatriation Commission may also accept financial liability for the cost of residential care (respite) applied to the skin condition.
Note (2):example, a veteran (white card holder) has a war-caused leg injury and a non-war caused skin condition. The leg injury prevented the veteran from bathing himself. The veteran's carer attended to bathing the veteran and also to applying lotion to the veterans' skin condition. The carer takes a break and the veteran receives in-home respite under the Veterans' Home Care Program. By reason of this Determination the Repatriation Commission may accept financial liability not only for the cost of bathing the veteran but also for the cost of attending to the veteran's skin condition.
Note (3): veterans who hold Gold Cards are eligible for residential care (respite) for any condition (war/defence caused or not) and are not affected by this Determination.
Note (4): although this Determination enables the Repatriation Commission to accept the cost of residential care (respite) applied to a white-card holder's non-war/defence caused conditions, the nature and amount of such costs are regulated by the Treatment Principles. Generally speaking those costs will be the "residential care subsidy" and, in certain situations, the "residential care amount".
It is not the purpose of this Determination to permit the Repatriation Commission to accept financial liability for, in relation to a veteran to whom this Determination applies:
(i)medical or allied health treatment (except residential care (respite) or Respite Care) applied to a determined condition of the veteran in the course of that veteran receiving residential care (respite), or Respite Care under the Veterans' Home Care Program; or for
(ii)any "resident fee" incurred by the veteran in the course of that veteran receiving residential care (respite).
Note (1):a veteran (white card holder) receiving residential care (respite) may be eligible for medical treatment applied to a determined condition under another determination (e.g) Determination 1/2000 in respect of an "unidentifiable condition", but not under this Determination. This Determination is solely concerned with eligibility for the provision of residential care (respite) and Respite Care (Veterans' Home Care Program) to non-war/defence caused conditions.
Note (2):a veteran (white card holder) receiving residential care (respite) or Respite Care may be eligible for medical treatment applied to war/defence caused conditions or to malignant neoplasia, pulmonary tuberculosis, or post traumatic stress disorder. Any such eligibility will be derived not from this Determination but from Part V of the Act.
Note (3):a veteran (gold card holder) receiving residential care (respite) may be eligible for medical treatment applied to any condition, war/defence caused or not. Any such eligibility will be derived not from this Determination but from Part V of the Act.
Note (4): Nothing in this Determination enables the Commission to accept financial responsibility for medical or allied-health treatment applied to the "non-war caused conditions" (i.e non-accepted conditions) of the holder of a White Card or Gold Card residing or travelling overseas.
Note (5):The resident fee means the maximum daily amount of resident fees worked out under Division 58 of the Aged Care Act 1997. It may be that the Commission could in certain circumstances accept liability for that fee in respect of residential care (respite) applied to a white-card holder but any such liability is derived not from this Determination but from the Treatment Principles.
Specified Class of Veterans Eligible for Specified Treatment
A veteran who is eligible for treatment under Part V of the Act in respect of a war-caused or defence-caused injury, a war-caused or defence-caused disease, malignant neoplasia, pulmonary tuberculosis, post traumatic stress disorder or a determined condition is also eligible to be provided with residential care (respite) or Respite Care under Part V of the Act in respect of any condition in addition to one or more of the aforementioned conditions.
Note (1): the intention is that a white-card holder may be provided with residential care (respite) or Respite Care in respect of a non-war caused etc condition.
Note (2): the Treatment Principles regulate the provision of residential care (respite) and Respite Care. The Treatment Principles set out the circumstances where, in the case of residential care (respite), the Repatriation Commission may accept liability for the "residential care subsidy" (amount paid by the Commonwealth toward the cost of residential care) and the "residential care amount" (contribution from resident). The Treatment Principles also set out the circumstances where, in the case of Respite Care, the Repatriation Commission may accept liability for that care.
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Repatriation Commission
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