Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2021

Administered by Department of Health, Disability and Ageing

Legislation au F2021L00682 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

National Health Act 1953

 

Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2021

 

Authority

Section 12 of the National Health Act 1953 (the Act) provides that the Minister may, by legislative instrument, formulate a Continence Aids Payment Scheme (CAPS), under which the Commonwealth makes payments as a contribution towards the cost of buying products that help manage incontinence. Paragraph 12(3)(c) of the Act specifies that the legislative instrument may provide for the amount of the contribution that is payable in each financial year in relation to a person who is participating in the scheme.

 

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Purpose

The Continence Aids Payment Scheme 2020 provides for a monetary payment to be made to an eligible person, which is intended to contribute towards the cost of purchasing their continence aids.

 

The Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2021 amends the Continence Aids Payment Scheme 2020 to increase the amount of the CAPS payment in line with the Consumer Price Index (CPI). The amendment will increase the amount of the CAPS payment from $623.80 to $635.10.

 

Consultation

The amount of the CAPS payment was calculated according to an indexation formula based on the CPI figures supplied by the Department of Finance.

 

This instrument commences on 1 July 2021.

 

This instrument is a legislative instrument for the purposes of the Legislation Act 2003.

 

Details of this instrument are set out in the Attachment.


 

ATTACHMENT

 

 

Details of the Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2021

 

Section 1 Name

This section provides that the name of the instrument is the Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2021.

 

Section 2 Commencement

This section provides that the instrument commences on 1 July 2021.

 

Section 3 Authority

This section provides that the instrument is made under section 12 of the National Health Act 1953.

 

Section 4 Schedule

This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Continence Aids Payment Scheme 2020.

 

Item 1

This item amends subsection 11(1) to provide that the amount of the CAPS payment for a financial year is $635.10.

 

 

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2021

This disallowable legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of Legislative Instrument

The Continence Aids Payment Scheme 2020 (CAPS) provides for a monetary payment to be made to an eligible person which is intended to contribute to their costs in purchasing continence aids.

 

The purpose of the Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2021 is to amend the CAPS to increase the amount of the contribution in line with the Consumer Price Index.

Human rights implications

This disallowable legislative instrument engages the right to an adequate standard of living in Article 11 and the right to the enjoyment of the highest attainable standard of physical and mental health in Article 12 of the International Covenant on Economic, Social and Cultural Rights.

 

The instrument increases the dollar amount of payment under CAPS paid to participating persons. The increase is in accordance with movements in the Consumer Price Index. The increased amount helps to ensure that the level of payment made to participating persons is maintained.

Conclusion

The instrument is compatible with human rights as it further promotes the realisation of relevant rights under Articles 11 and 12 of the International Covenant on Economic, Social and Cultural Rights.

 

Senator the Hon Richard Colbeck

Minister for Senior Australians and Aged Care Services

 

 

Overview

The Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2021 was enacted to address the need for adjusting the payment amounts under the Continence Aids Payment Scheme (CAPS) in line with the Consumer Price Index (CPI). This instrument amends the Continence Aids Payment Scheme 2020, which provides a monetary payment to eligible persons to assist with the cost of purchasing continence aids. The amendment raises the CAPS payment amount from $623.80 to $635.10 to ensure that the payments keep pace with inflation, thereby maintaining their value. The instrument is made under section 12 of the National Health Act 1953 by the Commonwealth Parliament and is designed to uphold the right to an adequate standard of living and the right to the highest attainable standard of physical and mental health, as outlined in the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2021 applies to the Continence Aids Payment Scheme established under section 12 of the National Health Act 1953. This scheme makes payments to eligible persons to contribute towards the cost of purchasing products that help manage incontinence. The amendment increases the amount of the payment in line with the Consumer Price Index, reflecting changes in the cost of living. The instrument is applicable nationally as it is made under the Commonwealth's authority, and it extends to all eligible participants in the Continence Aids Payment Scheme. The amendment does not specify any exclusions or exemptions but operates within the existing eligibility criteria of the scheme. The instrument is a legislative instrument for the purposes of the Legislation Act 2003 and commences on 1 July 2021. The amendment reflects the government's commitment to maintaining the real value of payments to participants, ensuring that the scheme continues to support those in need effectively.

Key Provisions

The Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2021 primarily amends the Continence Aids Payment Scheme 2020 to adjust the payment amount for eligible persons in line with the Consumer Price Index (CPI). Specifically, section 11(1) of the Continence Aids Payment Scheme 2020 is amended to set the amount of the CAPS payment for a financial year at $635.10 (Schedule 1, Item 1). This legislative instrument is made under section 12 of the National Health Act 1953 (section 3), and it commences on 1 July 2021 (section 2). The Act imposes several obligations on the parties involved. Firstly, the Minister is required to ensure that the payment amount is adjusted in accordance with the CPI figures provided by the Department of Finance. This adjustment ensures that the payment keeps pace with inflation, maintaining its value over time. Secondly, eligible persons must meet certain criteria to qualify for the payment. This includes being enrolled in the Continence Aids Payment Scheme and demonstrating a need for continence aids to manage incontinence. There are no specific offences or penalties outlined in the Act regarding breaches of the CAPS provisions. However, any misuse of funds or fraudulent claims could potentially lead to legal consequences under broader legislation such as the Crimes Act 1914 or the Commonwealth Criminal Code Act 1995. The maximum penalties for such offences could include substantial fines and imprisonment, depending on the severity of the breach. Additionally, any failure to comply with the scheme's requirements may result in the disqualification of the individual from receiving further payments under the scheme.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.