National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2018

Administered by Department of Health, Disability and Ageing

Legislation au F2018L00968 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Aged Care

 

National Health Act 1953

 

National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2018

 

Authority

This Instrument is made under section 12 of the National Health Act 1953 (the Act).

 

Background

The Act relates to the provision of pharmaceutical, sickness and hospital benefits, and of medical and dental services.

 

Section 12 of the Act prescribes 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.

 

Paragraph 12(3)(c) of the Act specifies that a legislative instrument may provide for the amount of the contribution that is payable in each financial year in relation to a person who is participating in the scheme.

 

Purpose

The Continence Aids Payment Scheme 2010 (CAPS) makes a monetary payment to an eligible person which is intended to contribute towards the cost of purchasing their continence aids.

 

The purpose of the National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2018 (the Instrument) is to increase that contribution in line with the Consumer Price Index.

 

Consultation

Indexation of the CAPS payment uses a formula based on the indexation figures supplied by the Department of Finance.  As this is in accordance with policy upon which consultation was undertaken in 2018, no specific consultation was undertaken with respect to this Instrument.

 

Commencement

This Instrument commences on 1 July 2018.

 

This Instrument is a legislative instrument for the purposes of the Legislation Act 2003.

 

Reliance on subsection 33(3) of the Acts Interpretation Act 1901

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

 

 

 

 

 


 

 

ATTACHMENT

 

 

Details of the National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2018

 

Section 1 states that the name of the instrument is the National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2018.

 

Section 2 sets out the commencement date of the instrument.

 

Section 3 provides that the authority for the making of the instrument is section 12 of the National Health Act 1953.

 

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Continence Aids Payments Scheme 2010

 

Item 1 – Subsection 9(1)

This item provides for the indexation of the amount of CAPS payment for a financial year.

 

 

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2018

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of Legislative Instrument

The Continence Aids Payment Scheme 2010 (CAPS) provides for a monetary payment to an eligible person which is intended to contribute towards the cost of purchasing their continence aids.

 

The purpose of the Legislative Instrument is to increase the contribution in line with agreed indexation arrangements for this payment.

Human rights implications

This Legislative Instrument is compatible with the human rights to an adequate standard of living and to the enjoyment of the highest attainable standard of physical and mental health contained in articles 11 and 12 of the International Covenant on Economic Social and Cultural Rights.  

 

This Legislative Instrument increases the monetary payment paid to participants under CAPS.  The increase is in accordance with movements in the Consumer Price Index.  The increased amount helps to ensure that the level of payment made to participating persons is maintained. 

Conclusion

This Legislative Instrument is compatible with human rights because it enhances the protection of human rights.

 

The Hon Ken Wyatt

Minister for Aged Care

 

 

Overview

The National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2018 was enacted to address the need for regular adjustments to the payments made under the Continence Aids Payment Scheme (CAPS) in line with inflation. This instrument, made under the authority of section 12 of the National Health Act 1953, aims to ensure that the financial support provided to eligible individuals for the purchase of continence aids remains effective and relevant. By amending the Continence Aids Payments Scheme 2010, the instrument specifically targets the indexation of the payment amount, aligning it with the Consumer Price Index to maintain the purchasing power of the payments. This approach is intended to uphold the scheme's objective of contributing towards the cost of continence aids, thereby supporting the health and dignity of those who rely on these aids.

Scope and Application

The National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2018 applies to individuals who are eligible and participating in the Continence Aids Payment Scheme (CAPS) under the National Health Act 1953. The scheme provides a monetary payment to eligible persons to assist with the cost of purchasing continence aids, which are products that help manage incontinence. The Instrument specifically amends the CAPS to index the amount of the payment made to participants in line with the Consumer Price Index, ensuring that the payment's value remains consistent with inflation. The Instrument is a legislative instrument made under the authority of section 12 of the National Health Act 1953 and is applicable nationally across Australia, aligning with the Commonwealth's role in health-related benefits and services. There are no exclusions or exemptions specified within the Instrument itself, though eligibility for the CAPS is determined by other provisions of the Act and related regulations.

Key Provisions

The National Health (Continence Aids Payment Scheme) Amendment (Indexation of CAPS Payment) Instrument 2018, made under section 12 of the National Health Act 1953 (the Act), aims to adjust the Continence Aids Payment Scheme (CAPS) payment amounts in line with the Consumer Price Index (CPI). This adjustment is detailed in Item 1 of Schedule 1 to the Instrument, which amends subsection 9(1) of the Continence Aids Payment Scheme 2010. The Instrument's main objective is to ensure that the financial support provided under CAPS keeps pace with inflation, thereby maintaining the purchasing power of the payments made to eligible participants. Parties and entities governed by the Act must adhere to the indexation provisions set forth in the Instrument. Specifically, they must ensure that the amount of the CAPS payment is adjusted in accordance with the CPI, as specified in the amended subsection 9(1). This requirement ensures that the scheme remains effective in supporting participants in managing the costs associated with their continence aids. Additionally, the entities involved must ensure compliance with the indexation formula provided by the Department of Finance, as this is the basis for calculating the adjusted payment amounts. The Act does not explicitly outline specific offences or penalties for non-compliance with the indexation provisions in the Instrument. However, non-compliance could potentially lead to administrative consequences, such as audits or reviews by relevant authorities to ensure adherence to the legislative requirements. The failure to index payments correctly could also result in participants not receiving the appropriate financial support, thereby impacting their ability to afford necessary continence aids. While there are no stated maximum penalties, the importance of adhering to the indexation requirements is underscored by the necessity of maintaining the integrity and effectiveness of the CAPS scheme.

Legal classification tags

Area of Law
Health Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Indexation

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.