Explanatory Statement
Issued by the Authority of the Minister for Ageing
Dental Benefits Act 2008
Dental Benefits Amendment Rules 2008 (No.3)
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 (indexed to $153.45 from 1 January 2009). Teenagers 12-17 years of age in families receiving Family Tax Benefit Part A, and teenagers in the same age group receiving Youth Allowance or Abstudy, are eligible for the Medicare Teen Dental Plan.
The purpose of the Dental Benefits Amendment Rules 2008 (No.3) (the Rules) is to extend eligibility of the Medicare Teen Dental Plan to include teenagers 12-17 in the following categories:
- the teenager is receiving:
Disability Support Pension
Parenting Payment
Special Benefit
Carer Payment;
- the teenager, or another person on behalf of the teenager, is receiving financial assistance under the Veterans’ Children Education Scheme (VCES) or the Military Rehabilitation and Compensation Act Education and Training Scheme (MRCAETS), where the teenager is precluded from being an FTB child of an adult due to the operation of subsection 22A(1) of A New Tax System (Family Assistance) Act 1999. In practice, this means a 16 or 17 year old in receipt of VCES or MRCAETS will be eligible;
- with respect to the teenager, the teenager’s parent/carer/guardian is receiving:
Parenting Payment
Double Orphan Pension; or
- the partner of the teenager is receiving Parenting Payment.
Approximately 15,000 teenagers will become eligible for the Medicare Teen Dental Plan as a result of this amendment.
Details of the Rules are set out in the Attachment.
These Rules commence retrospectively on 1 January 2009. As required by subsection 12(2) of the Legislative Instruments Act 2003, the retrospective aspect of the Rules confers a beneficial effect on persons, and does not affect the rights of, disadvantage, or impose liabilities on other persons, other than the Commonwealth.
Consultation
The Department of Health and Ageing has consulted with Medicare Australia, Centrelink, and the Departments of Veterans’ Affairs; Families, Housing, Community Services and Indigenous Affairs; Education, Employment and Workplace Relations; and Human Services. These agencies assisted the Department of Health and Ageing to identify the payments which have been included in the eligibility requirements for the Medicare Teen Dental Plan.
Authority: Section 60 of the Dental Benefits Act 2008
Attachment
DETAILS OF THE DENTAL BENEFITS AMENDMENT RULES 2008 (No.3)
1. Name of Rules
Rule 1 provides for the Rules to be referred to as the Dental Benefits Amendment Rules 2008 (No.3).
2 Commencement
Rule 2 provides that the Rules commence on 1 January 2009.
3 Amendment of Dental Benefits Rules 2008
Rule 3 provides that Schedule 1 amends the Dental Benefits Rules 2008.
Schedule 1 – Amendments
[1] – Amendment to Rule 3
Item [1] provides a definition of ‘carer payment’.
[2] – Amendment to Rule 3
Item [2] provides definitions for ‘disability support pension’ and ‘double orphan pension’.
[3] – Amendment to Rule 3
Item [3] provides definitions for ‘MRCAETS’, ‘parenting payment’ and ‘partner’.
[4] – Amendment to Rule 3
Item [4] provides definitions for ‘receive’, ‘special benefit’ and ‘VCES’.
[5] – Amendment to Rule 3
Item [5] provides for an amendment to the note to Rule 3 to account for additional notes added by items [3] and [4].
[6] – New Rule 7A
Item [6] provides for a new Rule 7A which provides that a person satisfies the means test when the person is aged 12-17 at some point during the calendar year and:
- the teenager is receiving:
Disability Support Pension
Parenting Payment
Special Benefit
Carer Payment;
- the teenager, or another person on behalf of the teenager, is receiving financial assistance under the Veterans’ Children Education Scheme (VCES) or the Military Rehabilitation and Compensation Act Education and Training Scheme (MRCAETS), where the teenager is precluded from being an FTB child of an adult due to the operation of subsection 22A(1) of A New Tax System (Family Assistance) Act 1999. In practice, this means a 16 or 17 year old in receipt of VCES or MRCAETS will be eligible;
- with respect to the teenager, the teenager’s parent/carer/guardian is receiving:
Parenting Payment
Double Orphan Pension; or
- the partner of the teenager is receiving Parenting Payment.
[7] Amendment to Rule 9
Item [7] changes Rule 9 to provide that a voucher does not have to be sent for a person eligible for the Medicare Teen Dental Plan under the VCES or MRCAETS if written consent for the sharing of personal information with Medicare Australia for use in the administration of the Medicare Teen Dental Plan has not been provided to the Department of Veterans' Affairs.
Rule 9 already provided that the Medicare Australia CEO is not required to send a voucher for an eligible person who has not been assigned a Medicare number.
[8] Amendment to Rule 10
Item [8] provides for an amendment to subparagraph 10 (d) (iii) to allow for the addition of further subparagraphs to Rule 10.
[9] Amendment to Rule 10
Item [9] provides for amendments that describe the persons to whom vouchers are to be issued in relation to people who are eligible under Rule 7A. The amendments to Rule 10 provide that the voucher is sent to the person receiving the payment.