Veterans' Entitlements Treatment (Residential Care) Determination 20/2000 (Cth)

REPATRIATION COMMISSION

VETERANS ENTITLEMENTS ACT 1986

Veterans' Entitlements Treatment (Residential Care) Determination 2000

Instrument No.20/2000

The Repatriation Commission makes this Determination under subsection 88A(1) of the Veterans Entitlements Act 1986 and under section 4 of the Acts Interpretation Act 1901.

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Dated 8 December 2000

NEIL JOHNSTON
PRESIDENT BRIAN FLYNN
A/g DEPUTY PRESIDENT PAUL STEVENS
COMMISSIONER

Repatriation Commission

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1.1Name of Determination

This Determination is the Veterans' Entitlements Treatment (Residential Care) Determination 20/2000.

1.2Commencement

On the commencement of Schedule 1 to the Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000, this Determination is taken to have commenced on 30 March 2000.

Note: Schedule 1 commences on Royal Assent.

1.3Definitions

In this Determination:

Act means the Veterans Entitlements Act 1986.

Commission-funded treatment means treatment for which the Commission

may accept financial responsibility.

Note: although the Commission may accept financial responsibility for treatment, actual payment for that

treatment is made by the Commonwealth.

determined condition means the condition in respect of which a veteran is

eligible to be provided with residential care under paragraph 2 of this

Determination.

residential care means residential care that may be provided under the Treatment Principles.

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): in relation to the provision of residential care, as at the date of this Determination the Repatriation Commission was financially liable for the "residential care subsidy" payable by the Commonwealth under the Aged Care Act 1997 but not for the resident fee payable by a resident under the Aged Care Act 1997. The resident fee is the maximum daily amount of resident fees worked out under Division 58 of the Aged Care Act 1997.

Treatment Principles means the written document prepared by the Repatriation Commission in force under subsection 90(1) of the Act.

1.4 Purpose

Generally speaking, the purpose of this determination is to enable the Repatriation Commission to accept financial responsibility for residential care 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 residential care applied to any war/defence caused condition of the veteran.

Note (1): for example, a veteran (white card holder) is receiving residential care. 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 applied to the skin condition. Note (2): veterans who hold Gold cards are eligible for residential care for any condition (war/defence caused or not) and are not affected by this Determination.

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 treatment applied to a determined condition of the veteran in the course of that veteran receiving residential care; or for

(ii)any "resident fee" incurred by the veteran in the course of that veteran receiving residential care.

Note (1):a veteran (white card holder) receiving residential care may be eligible for medical treatment applied to a determined condition under another determination (e.g) Determination 19/2000 in respect of an "unidentifiable condition", but not under this Determination. This Determination is solely concerned with the provision of residential care.

Note (2):a veteran (white card holder) receiving residential 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 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):The resident fee means the maximum daily amount of resident fees worked out under Division 58 of the Aged Care Act 1997.

This Determination is in the same terms as the repealed Determination entitled "Veterans' Entitlements Treatment (Residential Care) Determination 2/2000".

2.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 under Part V in respect of any condition in addition to one or more of the aforementioned conditions.

Note (1): the circumstances in which and the conditions subject to which specified treatment is to be provided, including being provided to eligible veterans as private patients, are also governed by the Treatment Principles and the Repatriation Private Patient Principles made pursuant to sections 90 and 90A of the Act respectively.

Note (2): The Treatment Principles provide that residential care may be provided under the Aged Care Act 1997 and that the Repatriation Commission is liable to pay an amount the Commonwealth incurs under that Act in respect of an entitled person (eg veteran) provided the person is eligible for that care under the Veterans' Entitlements Act 1986. Generally the Commission pays an amount known as the residential care subsidy, however for former prisoner's of war it may also pay an amount known as the "residential care amount" or the "resident fee".

3.TRANSITIONAL

A veteran who, immediately before the commencement of Schedule 1 to the Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000, was eligible for treatment under the Veterans' Entitlements Treatment (Residential Care) Determination 2/2000, is eligible for treatment under this Determination.

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Repatriation Commission