Explanatory Statement
Issued by the Authority of the Minister for Health and Ageing
Dental Benefits Act 2008
Dental Benefits Amendment Rules 2010
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 required, or permitted by the Act to be provided, or 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 $157 for an annual preventative dental check. Teenagers 12 to 17 years of age in families receiving Family Tax Benefit Part A, and teenagers in the same age group receiving certain government payments are eligible for the Medicare Teen Dental Plan.
The purpose of the Dental Benefits Amendment Rules 2010 (the Rules) is to index the benefit for the preventative dental check (item 88000) from $157 to $159.85, in line with other Medicare benefits that are indexed on 1 November every year.
The Rules also remove the following drafting errors: (i) duplication of the definition of ‘dental provider’ under rule 4 of the Dental Benefits Rules 2009 (‘the Principal Rules’); and (ii) incorrect referencing of the provision for the Dental Benefits Schedule to rule 5 of the Principal Rules.
Details of the Rules are set out in the Attachment.
These Rules commence on 1 January 2011.
Consultation
Consultation was not necessary in respect to these Rules as the changes are machinery in nature and do not substantially alter existing arrangements.
Authority: Section 60 of the Dental Benefits Act 2008
Attachment
DETAILS OF THE DENTAL BENEFITS AMENDMENT RULES 2010
1. Name of Rules
Rule 1 provides for the Rules to be referred to as the Dental Benefits Amendment Rules 2010.
2 Commencement
Rule 2 provides for the Rules to commence on 1 January 2011.
3 Amendment of Dental Benefits Rules 2009
Rule 3 provides that Schedule 1 amends the Dental Benefits Rules 2009.
Schedule 1 – Amendments
[1] Amendment to Rule 4
Item [1] removes the duplication of the definition of ‘dental provider’ under rule 4 of the Dental Benefits Rules 2009 (‘the Principal Rules’)
[2] Amendment to Schedule 1
Item [2] removes the incorrect referencing of the provision for the Dental Benefits Schedule in Schedule 1 (which sets out the item number, service descriptor and dental benefit payable) from rule 4 to rule 5 of the Principal Rules.
[3] Amendment to Schedule 1
Item [3] provides that the benefit payable for the preventative dental check is increased to $159.85.