Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2025

Administered by Department of Health, Disability and Ageing

Legislation au F2025L00685 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

National Health Act 1953

 

Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2025

 

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 2025 (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 $694.80 to $717.10.

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, by legislative instrument, may formulate the 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 2025.

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 2025

 

Section 1 – Name

 

This section provides that the name of the Instrument is the Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2025.

 

Section 2 – Commencement

 

This section provides that the Instrument commences on 1 July 2025.

 

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 “$694.80” from subsection 11(1) of the Continence Aids Payment Scheme 2020 and substitutes with “$717.10”. This increases the amount of CAPS payment to be made to an eligible person, to assist with the cost of purchasing their continence aids.

 

 

 


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 2025

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 2025 (the Instrument) is to amend the Scheme to increase the CAPS payment in line with the Consumer Price Index (CPI) from 1 July 2025. The amendment will increase the amount of the CAPS payment from $694.80 to $717.10.

 

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 Sam Rae MP

Minister for Aged Care and Seniors

Overview

The National Health Act 1953, enacted by the Australian Parliament, serves as the foundational legal framework for various health-related schemes and payments within the nation. One such scheme is the Continence Aids Payment Scheme (CAPS), designed to assist eligible individuals with the costs associated with purchasing continence aids. The Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2025, made under section 12 of the Act, aims to address the need for periodic adjustments in the CAPS payment to reflect inflation, as measured by the Consumer Price Index (CPI). This legislative instrument ensures that the financial support provided under the scheme remains relevant and adequate, thereby enhancing its effectiveness in assisting individuals with incontinence-related expenses. The policy objective behind this amendment is to maintain the purchasing power of the CAPS payment, ensuring that it continues to meet the evolving needs of those relying on it.

Scope and Application

The Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2025 amends the Continence Aids Payment Scheme 2020 under the authority of section 12 of the National Health Act 1953, to increase the CAPS payment amount in line with the Consumer Price Index. This adjustment aims to assist eligible individuals in managing the cost of purchasing continence aids by raising the payment from $694.80 to $717.10, effective from 1 July 2025. The scheme applies to eligible persons who participate in the CAPS, offering them a financial contribution to cover the expense of continence aids, thus supporting their health and well-being. The increased payment is intended to ensure that the CAPS payment remains relevant and effective in assisting participants with their incontinence management needs. The instrument operates within the Commonwealth jurisdiction and is a disallowable legislative instrument under the Legislation Act 2003. Additionally, the instrument has been assessed for compatibility with human rights, ensuring it upholds the rights to an adequate standard of living and the highest attainable standard of physical and mental health, as recognised in the International Covenant on Economic, Social and Cultural Rights.

Key Provisions

The main operative sections of the Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2025 are outlined in Section 4 and Schedule 1. Section 4 indicates that the Instrument amends the Continence Aids Payment Scheme 2020 by increasing the CAPS payment amount from $694.80 to $717.10, as specified in Item 1 of Schedule 1. This amendment is effective from 1 July 2025, as stipulated in Section 2. This change is intended to reflect the movement in the Consumer Price Index (CPI), ensuring that the financial support provided to eligible persons adequately addresses the increasing costs of continence aids. The Continence Aids Payment Scheme Amendment (Indexation of CAPS Payment) Instrument 2025 imposes specific obligations on the parties involved. Primarily, it requires the Department of Health to adjust the payment amount for CAPS participants from 1 July 2025, ensuring that the new rate of $717.10 is implemented and communicated to all relevant stakeholders. Eligible individuals who participate in the Scheme are expected to comply with the eligibility criteria and other requirements set out in the amended Scheme. The Department must also ensure that the increase in payment is calculated accurately based on the CPI figures provided by the Department of Finance. Breach of the requirements set forth in the Instrument may lead to civil consequences, although the specific penalties are not detailed in the explanatory statement. The Instrument is a disallowable legislative instrument under the Legislation Act 2003, which means it can be subject to disallowance by resolution of either House of Parliament. While the explanatory statement does not specify criminal penalties for breaches, it does note that the Instrument is compatible with human rights and freedoms as declared under the Human Rights (Parliamentary Scrutiny) Act 2011. This compatibility suggests that the legislative intent is to uphold and promote the rights of CAPS participants, ensuring they receive adequate financial support in line with the CPI.

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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.