Veterans' Entitlements Treatment (Veterans' Home Care Veterans' Dependants) Determination 2001 (Cth)
REPATRIATION COMMISSION
Veterans' Entitlements Act 1986
Veterans' Entitlements Treatment (Veterans' Home Care - Veterans' Dependants) Determination 2001
Instrument No. 7/2001
The Repatriation Commission makes this Determination under paragraphs 88A(1)(b) and (c) of the Veterans’ Entitlements Act 1986.
Dated
| NEIL JOHNSTON PRESIDENT | IAN CAMPBELL DEPUTY PRESIDENT | PAUL STEVENS COMMISSIONER |
Repatriation Commission
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Part 1 Introduction
1.1 Name of Determination
This Determination is the Veterans' Entitlements Treatment
(Veterans' Home Care - Veterans' Dependants) Determination 7/2001.
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 is taken to have commenced on
2 April 2001 .
1.3 Definitions
In this Determination:
Act means the Veterans’ Entitlements Act 1986;
Domestic Assistance has the same meaning it has in the Treatment Principles;
entitled person has the same meaning it has in the Treatment Principles;
Home and Garden Maintenance has the same meaning it has in the Treatment Principles;
Home Care service (category A) means the provision of Domestic Assistance, Personal Care, Home and Garden Maintenance or Respite Care to an entitled person pursuant to the Veterans' Home Care Program;
Home Care service (category B) has the same meaning it has in the Treatment Principles;
Personal Care has the same meaning it has in the Treatment Principles;
Respite Care has the same meaning it has in the Treatment Principles;
Treatment Principles means the document prepared by the Repatriation Commission under subsection 90(1) of the Act;
veteran means a person who is a veteran under Part V of the Act;
Note: "veteran" under Part V of the Act includes a member of the Forces and a member of a Peacekeeping Force.
Veterans' Home Care Service means a service that is a Home Care service (category A) or a Home Care service (category B) provided under the Veterans' Home Care Program;
Veterans' Home Care Program means the treatment program under which the Commission ensures the provision of care and assistance services to entitled persons who are frail, or who have disabilities, with the aim of maintaining the independence of those people and reducing avoidable illness and injury, and includes certain Determinations made under section 88A of the Act, parts of the Treatment Principles made under section 90 of the Actand the arrangements in support thereof.
1.4 Purpose
To grant eligibility for short term treatment comprised of services identical to Domestic Assistance or Home and Garden Maintenance, to children, widows and widowers of deceased veterans and to children and partners of living veterans, (beneficiaries) where the beneficiary was residing with the former veteran or veteran in the family home or where, in the case of a beneficiary who is a child, the beneficiary was residing in the family home with the former (deceased) widow or widower of the veteran.
Note: for convenience the terms "child" and "children" are used in
their normal sense and not in the sense used in the Veterans' Entitlements Act 1986.
Part 2 Eligibility for Treatment
2.1Veteran's Dependant in Specified Class Eligible for Specified Treatment.
2.1.1 If a veteran dies and at or about the time of the veteran's death the veteran was receiving Domestic Assistance or Home and Garden Maintenance, or both, then a person who resided with the veteran immediately before the veteran's death and who is:
(a)a widow or widower of the veteran; or
(b)a child of the veteran; or
(c)a former child of the veteran (being a former child with a
serious disability); or
(d)a former child of the veteran who was a full-time carer of
theveteran immediately prior to the veteran's death;
is eligible for treatment that is identical to the Domestic Assistance or Home and Garden Maintenance the veteran was receiving.
Note (1): "child" under the Act has a different meaning to its normal meaning and means a person who has not turned 16 unless the person is undertaking full time education in which case the person is a child until turning 25. Accordingly a child of a veteran ceases to be a child of the veteran upon turning 16 or 25, as the case may be. The child is then a former child of the veteran.
Note (2): the Treatment Principles limit the delivery of the relevant services to, generally speaking, 12 weeks.
2.1.2If a veteran leaves home to seek treatment and at or about the time of the veteran's departure the veteran was receiving Domestic Assistance or Home and Garden Maintenance, or both, then a person who resided with the veteran immediately before the veteran's departure and who is:
(a)a partner of the veteran (notwithstanding the separation); or
(b)a child of the veteran; or
(c)a former child of the veteran (being a former child with a
serious disability); or
(d)a former child of the veteran who was a full-time carer of
theveteran immediately prior to the veteran's departure
from the home;
is eligible for treatment that is identical to the Domestic Assistance or Home and Garden Maintenance the veteran was receiving .
Note (1): "child" under the Act has a different meaning to its normal meaning and means a person who has not turned 16 unless the person is undertaking full time education in which case the person is a child until turning 25. Accordingly a child of a veteran ceases to be a child of the veteran upon turning 16 or 25, as the case may be. The child is then a former child of the veteran.
Note (2): the Treatment Principles limit the delivery of the relevant services to 12 weeks.
2.1.3 If an entitled widow or entitled widower (primary beneficiary) dies and at or about the time of the primary beneficiary's death he or she was receiving Domestic Assistance or Home and Garden Maintenance, or both, then a person who resided with the primary beneficiary before the death of the primary beneficiary and who is:
(a) a child of the veteran of whom the primary beneficiary was
the widow or widower; or
(b)a former child of the veteran of whom the primary beneficiary was the widow or widower (being a former child
with a serious disability); or
(c)a former child of the veteran of whom the primary beneficiary was the widow or widower being a former child
who was a full-time carer of the primary beneficiary immediately prior to the death of the primary beneficiary;
is eligible for treatment that is identical to the Domestic Assistance or Home and Garden Maintenance the primary beneficiary was receiving.
Note (1): "child" under the Act has a different meaning to its normal meaning and means a person who has not turned 16 unless the person is undertaking full time education in which case the person is a child until turning 25. Accordingly a child of a veteran ceases to be a child of the veteran upon turning 16 or 25, as the case may be. The child is then a former child of the veteran.
Note (2): the Treatment Principles limit the delivery of the relevant services to, generally speaking, 12 weeks.
Note (3): in the case of a child or former child, it is that person's relationship with a veteran, as distinct from a relationship with a veteran's widow or widower, that establishes the eligibility of the child or former child to treatment.
2.1.4If an entitled widow or entitled widower (primary beneficiary) leaves home to seek treatment and at or about the time of the departure the primary beneficiary was receiving Domestic Assistance or Home and Garden Maintenance, or both, then a person who resided with the primary beneficiary immediately before the departure of the primary beneficiary and who is:
(a)a child of the veteran of whom the primary beneficiary is a
widow or widower; or
(b) a former child of the veteran of whom the primary beneficiary is a widow or widower (being a former child with a serious disability); or
(c)a former child of the veteran of whom the primary beneficiary is a widow or widower being a former child who
was a full-time carer of the primary beneficiary immediately prior to the departure of the primary beneficiary from the
home;
is eligible for treatment that is identical to the Domestic Assistance or Home and Garden Maintenance the primary beneficiary was receiving .
Note (1): "child" under the Act has a different meaning to its normal meaning and means a person who has not turned 16 unless the person is undertaking full time education in which case the person is a child until turning 25. Accordingly a child of a veteran ceases to be a child of the veteran upon turning 16 or 25, as the case may be. The child is then a former child of the veteran.
Note (2): the Treatment Principles limit the delivery of the relevant services to 12 weeks.
Note (3): in the case of a child or former child, it is that person's relationship with a veteran, as distinct from a relationship with a veteran's widow or widower, that establishes the eligibility of the child or former child to treatment.
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Repatriation Commission
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