Continence Aids Payment Scheme Amendment 2017

Overview

The Continence Aids Payment Scheme Variation 2017 was enacted to address the need for regular adjustments to the payments provided under the Continence Aids Payment Scheme 2010 (CAPS) to account for inflation. This legislative instrument was made under section 12 of the National Health Act 1953 by the Commonwealth Parliament, with the authority to amend the CAPS payments resting with the Minister for Aged Care. The policy objective is to ensure that the payments provided under CAPS maintain their purchasing power over time, thereby continuing to support eligible individuals in managing their incontinence-related expenses effectively. The variation increases the payment amount in line with the Consumer Price Index, ensuring that the financial assistance provided remains relevant and adequate in addressing the needs of participants.

Scope and Application

The Continence Aids Payment Scheme Variation 2017 applies to individuals who are eligible participants in the Continence Aids Payment Scheme 2010 (CAPS) under the National Health Act 1953. This scheme is designed to provide a financial contribution towards the cost of continence aids, which are products used to manage incontinence. The legislative instrument is authorised by section 12 of the Act, which allows the Minister for Aged Care to establish the scheme and vary its terms by legislative instrument. The geographic reach of the Act is national, as it operates under the Commonwealth of Australia, and it applies to all eligible persons regardless of their location within Australia. The scheme's payments are indexed in accordance with the Consumer Price Index, ensuring that the purchasing power of the payment remains consistent with inflation. There are no stated exclusions or exemptions within the scope of this legislative instrument; it applies universally to all eligible participants within the CAPS. Any further amendments or specific applications of the scheme may be governed by subordinate instruments or regulations that may be issued under the authority of the Act.

Key Provisions

The Continence Aids Payment Scheme Variation 2017, made under section 12 of the National Health Act 1953, introduces changes to the Continence Aids Payment Scheme 2010 (CAPS). The primary change, as outlined in Clause 1, is to increase the monetary contribution to eligible individuals participating in the scheme. This adjustment aligns the payment with the Consumer Price Index, ensuring that the value of the contribution remains consistent over time. Specifically, Item 1 of Schedule 1 amends Subsection 9(1) of the CAPS 2010 to reflect this indexation (1). The Continence Aids Payment Scheme Variation 2017 imposes several obligations on the entities and individuals involved. Primarily, it mandates that the increased payment amount be calculated in accordance with the indexation formula provided. This involves using the figures supplied by the Department of Finance to adjust the CAPS payments annually. Eligible participants must continue to meet the criteria set out in the original CAPS 2010 to qualify for the increased payments. The scheme also requires that the Commonwealth, through the Minister for Aged Care, makes timely and accurate payments to eligible persons as per the updated contribution amounts (1). Failure to comply with the provisions of this Variation could lead to civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of legislative instruments generally may result in fines or other legal repercussions under Australian law. The severity of these penalties would depend on the nature and extent of the breach, but the statutory framework allows for significant penalties to be imposed to ensure compliance with the scheme's requirements. This legislative instrument is designed to ensure that the CAPS continues to provide an adequate and timely contribution towards the costs of purchasing continence aids. By indexing the payments to the Consumer Price Index, it upholds the scheme's purpose of supporting individuals with incontinence in managing their condition effectively. The compatibility statement confirms that these changes align with human rights, particularly the rights to an adequate standard of living and to the highest attainable standard of physical and mental health, as outlined in the International Covenant on Economic, Social and Cultural Rights (1).