EXPLANATORY STATEMENT
Issued by the authority of the Minister for Mental Health and Ageing
National Health Act 1953
Continence Aids Payment Scheme Variation 2011 (No. 3)
The National Health Act 1953 (the Act) is an act relating to the provision of pharmaceutical, sickness and hospital benefits, and of medical and dental services.
Section 12 of the Act provides that the Minister may, by legislative instrument, formulate a Continence Aids Payment Scheme, under which the Commonwealth makes payments as a contribution towards the cost of buying products that help manage incontinence.
Subparagraph 12(3)(c) states ‘…the legislative instrument may provide for the amount of the contribution [payment] that is payable in each financial year in relation to a person who is participating in the scheme’.
Continence Aids Payment Scheme Variation 2011 (No. 3) (the Variation)
The Continence Aids Payment Scheme 2010 (CAPS) was introduced on 1 July 2010, replacing the former Continence Aids Assistance Scheme (CAAS). Assistance for eligible persons changed from the physical supply of subsidised continence aids under CAAS to a monetary payment under CAPS intended to contribute toward the purchase of continence aids.
The purpose of the Variation is to increase the contribution [payment] in line with agreed indexation arrangements for this payment.
Further details of the Variation are attached.
Consultation
Indexation of the CAPS uses a well established formula based on the decisions of Fair Work Australia as a measure of non-productivity based movements in the wage costs of providers (rounded up to the nearest 10 cents). As this is in accordance with policy upon which extensive consultation was undertaken, no specific consultation was undertaken with respect to this variation
This Variation commences on 1 July 2011.
The Variation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
ATTACHMENT
Details of the Continence Aids Payment Scheme Variation 2011 (No.3)
1 – Name of Instrument
Section 1 states that the name of the Instrument is the Continence Aids Payment Scheme Variation 2011 (No. 3).
2 – Commencement
Section 2 states that the Instrument commences on 1 July 2011.
3 – Amendment of the Continence Aids Payment Scheme 2010
Section 3 states that Schedule 1 varies the Continence Aids Payment Scheme 2010.
Schedule 1 – Amendments
Item 1 – Subsection 9(1)
This item substitutes Subsection 9(1) and increases the contribution [payment] from $497.79 to $506.30.