Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2024

Administered by Department of Health, Disability and Ageing

Legislation au F2024L00705 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 2024

 

Purpose and operation

The Continence Aids Payment Scheme (CAPS) provides for a monetary payment (CAPS 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 2024 (the Instrument) 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 $676.50 to $694.80.

 

Authority

The Instrument is made under section 12 of the National Health Act 1953 (the Act). Section 12 of the Act provides that the Minister may, by legislative instrument, formulate a 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.

 

Reliance on subsection 33(3) of the Acts Interpretation Act 1901 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.

Commencement

The Instrument commences on 1 July 2024.

 

Consultation

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

 

General

The Instrument is a disallowable legislative instrument for the purposes of the Legislation Act 2003.

 

Details of the Instrument are set out in Attachment A.

 

The Instrument is compatible with the rights and freedoms recognised or declared under
section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility with human rights is set out in Attachment B.

ATTACHMENT A

 

 

Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2024

 

Section 1 – Name

 

This section provides that the name of the Instrument is the Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2024.

 

Section 2 – Commencement

 

This section provides that the Instrument commences on 1 July 2024.

 

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 the 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 – Subsection 11(1)

 

Item 1 omits “$676.50” from subsection 11(1) of the Continence Aids Payment Scheme 2020 and substitutes with “$694.80”. This increases the amount of CAPS payment to be made to an eligible person, to assist with the cost of purchasing their continence aids.

 

Item 2 – Subsection 4(1) (definition of Scheme)

 

Item 2 relocates the definition to its appropriate alphabetical position, determined on a letter-by-letter basis.

 


ATTACHMENT B

 

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 2024

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 (the Scheme) provides for a monetary payment (CAPS 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 2024 (the Instrument) is to amend the Scheme to increase the CAPS payment in line with the Consumer Price Index (CPI) from 1 July 2024.

 

Human rights implications

The 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 amount of payment under the Scheme paid to participating persons. This increase is in accordance with movements in the Consumer Price Index. It provides participating persons with further financial support to help meet some of the costs of their continence products.

 

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.

 

 

The Hon Anika Wells MP

Minister for Aged Care

 

Overview

The Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2024 was enacted to address the need for periodic adjustments to the payments made under the Continence Aids Payment Scheme (CAPS) to keep pace with inflation. This amendment, made under section 12 of the National Health Act 1953, increases the CAPS payment amount from $676.50 to $694.80, aligning it with the Consumer Price Index. This change is intended to ensure that eligible persons continue to receive adequate financial assistance for the purchase of continence aids, thereby supporting their ability to maintain an adequate standard of living and physical health, as recognised under international human rights instruments. The Instrument, which is a disallowable legislative instrument, was developed in consultation with the Department of Finance and will come into effect on 1 July 2024.

Scope and Application

The Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2024 applies to the Continence Aids Payment Scheme (CAPS) under the National Health Act 1953. This amendment specifically affects eligible individuals who participate in the CAPS, which is intended to provide financial assistance towards the purchase of continence aids. The instrument amends the CAPS to increase the monetary payment from $676.50 to $694.80, aligning the payment with the Consumer Price Index to account for inflation. The instrument operates nationally as it is made under the Commonwealth jurisdiction, applying uniformly across Australia. There are no specific exclusions or exemptions mentioned within the scope of the instrument, and it is enforceable as a legislative instrument under the authority of the National Health Act 1953. The instrument also relies on the Acts Interpretation Act 1901 for broader legislative powers and is subject to disallowance under the Legislation Act 2003. The amendment is designed to ensure the scheme remains effective in supporting individuals with continence needs, thereby upholding their rights to an adequate standard of living and the highest attainable standard of physical and mental health.

Key Provisions

The Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2024 (the Instrument) amends the Continence Aids Payment Scheme 2020 to increase the payment amount made to eligible persons under the scheme (section 11(1)). The increased payment, set at $694.80, aims to assist these individuals with the cost of purchasing their continence aids, thereby better aligning the financial support with current market conditions as measured by the Consumer Price Index (section 1). Additionally, the Instrument relocates the definition of the Scheme to its appropriate alphabetical position (section 4(1)). The Instrument imposes specific obligations on the parties involved, primarily concerning the increase in the payment amount for eligible persons participating in the Continence Aids Payment Scheme (section 11(1)). The amendment requires the Department of Health and Aged Care to adjust the payment amount to $694.80, effective from 1 July 2024. Furthermore, the Instrument mandates that the new payment amount be calculated in accordance with the CPI figures provided by the Department of Finance. Eligible individuals must also ensure they meet the eligibility criteria for the Scheme to qualify for the increased payment. The Instrument does not explicitly outline specific offences or penalties for breaches. However, any failure to comply with the amended payment provisions may result in legal consequences under the broader framework of the National Health Act 1953 and associated regulations. Non-compliance could lead to administrative or legal actions being taken against the Department of Health and Aged Care or the affected parties, although the precise nature of these consequences is not detailed within the Instrument itself. Under the Legislation Act 2003, the Instrument is classified as a disallowable legislative instrument. This means that it can be disallowed by either House of the Parliament within a specified period after its commencement. This oversight mechanism ensures that Parliament has the opportunity to review and potentially reject the Instrument if deemed inappropriate or non-compliant with legislative standards. Additionally, the Instrument is compatible with the rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, as detailed in the Statement of Compatibility with Human Rights in Attachment B.

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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.