Explanatory Statement
Issued by the Authority of the Minister for Health and Ageing
Dental Benefits Act 2008
Dental Benefits Amendment Rules 2008 (No.1)
Section 60 of the Dental Benefits Act 2008 (the Act) provides that the Minister may, by legislative instrument, make Dental Benefits Rules providing for matters:
(a) required or permitted by the Act to be provided; or
(b) necessary or convenient to be provided in order to carry out or give effect to the Act.
The Medicare Teen Dental Plan was introduced on 1 July 2008. Under this program, eligible teenagers can receive dental benefits of up to $150 for an annual preventative dental check. Before a dental benefit can be paid for a service, the teenager must have been issued with a voucher by Medicare Australia in relation to Dental Benefits Schedule (DBS) item 88000. The voucher establishes the teenager’s eligibility for the program.
Section 31 of the Act provides that a voucher for a calendar year takes effect on the day on which it is issued and remains in effect until the end of the calendar year, unless the Dental Benefits Rules provide for a different period of effect.
The purpose of the Dental Benefits Amendment Rules 2008 (No.1) (the Rules) is to amend the Dental Benefits Rules 2008 by specifying a different period of effect for vouchers issued in relation to item 88000.
Paragraph 9A(a) of the Rules has retrospective effect by providing that all vouchers issued to eligible teenagers in 2008 shall have a commencement date of 1 July 2008 and remain in effect until 31 December 2008. This will enable all eligible teenagers to be paid a dental benefit, even if the preventative dental check was provided before the voucher was issued by Medicare Australia.
This is a minor technical amendment that is consistent with the original intent of the Government’s policy for the Medicare Teen Dental Plan. The amendment protects teenagers, and their families, who have received a preventative dental check in good faith prior to receiving their voucher in the mail.
As required by subsection 12(2) of the Legislative Instruments Act 2003, the retrospective aspect of the Rules confers a beneficial effect on persons (eligible for a preventative dental check), and does not affect the rights of, disadvantage, or impose liabilities on other persons, other than the Commonwealth.
The amendment also provides that all vouchers issued to eligible teenagers in subsequent calendar years (after 2008) shall have a commencement date of 1 January of that year and remain in effect until 31 December of that year.
Details of the Rules are set out in the Attachment.
These Rules commence on the day after they are registered on the Federal Register of Legislative Instruments.
Consultation
The Department of Health and Ageing has consulted with Medicare Australia which administers the Medicare Teen Dental Plan. Medicare Australia will advise patients, who, without this amendment, could not be paid dental benefits because the preventative dental check was provided before a voucher was issued. These patients will be able to re-submit claims and receive a payment of up to $150 for the service. Dentists will also be advised of the changes through the Australian Dental Association.
Authority: Section 60 of the Dental Benefits Act 2008
Attachment
DETAILS OF THE DENTAL BENEFITS AMENDMENT RULES 2008 (No.1)
1. Name of Rules
Rule 1 provides for the Rules to be referred to as the Dental Benefits Amendment Rules 2008 (No.1).
2 Commencement
Rule 2 provides for the Rules to commence on the day after they are registered on the Federal Register of Legislative Instruments.
3 Amendment of Dental Benefits Rules 2008
Rule 3 provides that Schedule 1 amends the Dental Benefits Rules 2008.
Schedule 1 – Amendments
Section 9A of the Schedule specifies, for the purposes of section 31 of the Act, the period of effect for vouchers issued in relation to item 88000.
Paragraph (a) provides that all vouchers issued for the 2008 calendar year take effect at the beginning of 1 July 2008 and remain in effect until the end of 31 December 2008, including vouchers issued before the commencement of the Rules.
Paragraph (b) provides that all vouchers issued for a subsequent calendar year take effect at the beginning of 1 January of that year and remain in effect until the end of 31 December of that year.