Dental Benefits Amendment Rules 2008 (No. 3)

Administered by Department of Health, Disability and Ageing

Legislation au F2009L00071 Rules Not in force Legislative Instrument

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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.

Overview

The Dental Benefits Amendment Rules 2008 (No.3) were enacted to address the gap in eligibility for the Medicare Teen Dental Plan. This legislative instrument was introduced by the Minister for Ageing under Section 60 of the Dental Benefits Act 2008, which allows the Minister to make rules necessary or convenient to carry out or give effect to the Act. The primary objective of these rules is to extend the eligibility criteria for the Medicare Teen Dental Plan to include teenagers aged 12-17 who are receiving certain payments such as Disability Support Pension, Parenting Payment, Special Benefit, Carer Payment, and financial assistance under the Veterans’ Children Education Scheme (VCES) or the Military Rehabilitation and Compensation Act Education and Training Scheme (MRCAETS). Approximately 15,000 teenagers will benefit from this amendment, ensuring they can access up to $153.45 for an annual preventative dental check. The rules were developed through consultation with various government agencies, including Medicare Australia, Centrelink, and several departments, to ensure a comprehensive approach to eligibility. These amendments commenced retrospectively on 1 January 2009, providing a beneficial effect without disadvantaging or imposing liabilities on other parties.

Scope and Application

The Dental Benefits Amendment Rules 2008 (No.3) amends the eligibility criteria for the Medicare Teen Dental Plan under the Dental Benefits Act 2008. The Medicare Teen Dental Plan, introduced on 1 July 2008, provides eligible teenagers aged 12-17 with dental benefits of up to $150 for an annual preventative dental check, indexed to $153.45 from 1 January 2009. The amendment extends eligibility to include teenagers aged 12-17 who receive certain payments or whose parents or carers receive specified payments. Eligible teenagers include those receiving Disability Support Pension, Parenting Payment, Special Benefit, Carer Payment, or financial assistance under the Veterans’ Children Education Scheme (VCES) or Military Rehabilitation and Compensation Act Education and Training Scheme (MRCAETS). Additionally, teenagers whose parents, carers, or guardians receive Parenting Payment or Double Orphan Pension, or whose partners receive Parenting Payment, are also eligible. The amendment applies to approximately 15,000 teenagers and the Rules commence retrospectively on 1 January 2009, conferring a beneficial effect on persons without affecting the rights, disadvantaging, or imposing liabilities on other persons, other than the Commonwealth.

Key Provisions

The main operative sections of the Dental Benefits Amendment Rules 2008 (No.3) are Rule 7A and Rule 9. Rule 7A expands the eligibility criteria for the Medicare Teen Dental Plan to include teenagers aged 12-17 who are receiving certain payments such as Disability Support Pension, Parenting Payment, Special Benefit, Carer Payment, or financial assistance under the Veterans’ Children Education Scheme (VCES) or the Military Rehabilitation and Compensation Act Education and Training Scheme (MRCAETS). This amendment ensures that teenagers in these categories receive dental benefits up to $150 for an annual preventative dental check. Rule 9 allows for the exclusion of a voucher being sent for eligible teenagers under VCES or MRCAETS if written consent for sharing personal information with Medicare Australia has not been provided to the Department of Veterans' Affairs. The Dental Benefits Amendment Rules 2008 (No.3) impose certain obligations on the parties involved. Medicare Australia is required to ensure that eligible teenagers under the new criteria receive dental benefits as per the rules. The Department of Veterans' Affairs must obtain written consent from teenagers or their representatives for the sharing of personal information with Medicare Australia to facilitate the administration of the Medicare Teen Dental Plan. Additionally, the Department of Health and Ageing is responsible for ensuring that the rules are effectively implemented and that eligible teenagers receive their dental benefits without undue delay. Breach of the Dental Benefits Amendment Rules 2008 (No.3) may result in civil or criminal consequences, depending on the nature and severity of the breach. While specific penalties are not outlined in the Explanatory Statement, breaches of legislative instruments can generally result in fines, imprisonment, or both. For example, providing false information to obtain dental benefits could lead to criminal charges and penalties, while failure to comply with information-sharing requirements could result in civil penalties. The exact penalties would be determined by the relevant courts and authorities based on the circumstances of each case. In summary, the Dental Benefits Amendment Rules 2008 (No.3) extend the eligibility for the Medicare Teen Dental Plan to include more teenagers aged 12-17, impose certain obligations on Medicare Australia, the Department of Veterans' Affairs, and the Department of Health and Ageing, and provide for civil or criminal penalties for breaches of the rules. The rules are designed to ensure that eligible teenagers receive necessary dental care, while also maintaining the integrity of the program through proper administration and compliance.

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