Overview

The Social Security (Essential Medical Equipment Payment – Energy) Specification 2012 was enacted to specify forms of energy that can be considered in determining eligibility for the essential medical equipment payment under the Social Security Act 1991. This payment, an annual indexed amount of $140, is designed for households where a person must use essential medical equipment or additional heating or cooling due to medical reasons, resulting in higher energy consumption. The legislation aims to assist these households by addressing the increased energy costs associated with their specific needs. The Specification was developed in consultation with the Department of Climate Change and Energy Efficiency and the Department of the Treasury, which identified the energy forms most relevant to essential medical equipment and likely to be affected by a carbon price. The Specification ensures that claimants may qualify for the payment if they, their partner, or a person they care for holds an account or contributes to paying the energy account for a residence identified as their home. This legislation was enacted to ensure that the essential medical equipment payment effectively supports those with specific energy needs due to medical conditions.

Scope and Application

The Social Security (Essential Medical Equipment Payment – Energy) Specification 2012 applies to individuals who require essential medical equipment or additional heating or cooling due to medical reasons, leading to higher than average energy use. This legislation is made under the Social Security Act 1991 and is part of the Clean Energy Household Assistance package. To qualify for an essential medical equipment payment, a person must meet the medical needs requirement, the concession card requirement, and the energy account requirement, as well as other specified conditions. The legislation extends to concession card holders under the Veterans’ Entitlements Act 1986 based on identical criteria. The Specification outlines forms of energy to which the energy account for the residence may relate, with the commencement date set as 18 June 2012. The Specification is not regulatory in nature, does not impact business activity, and is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Social Security (Essential Medical Equipment Payment – Energy) Specification 2012 (section 1) outlines the forms of energy that qualify for the essential medical equipment payment under the Social Security Act 1991. Section 917E(3) of the Act establishes this specification, which is part of the Clean Energy Household Assistance package. The primary aim is to provide an annual indexed payment of $140 to households where individuals use essential medical equipment or require additional heating or cooling due to medical conditions, leading to higher energy consumption. To be eligible, an individual must meet the medical needs requirement in section 917C, the concession card requirement in section 917D, and the energy account requirement in section 917E. The energy account must relate to an account for electricity or other specified forms of energy supplied to the residence. The obligations under this Act require that the eligible person or their partner must either hold an account for the relevant energy, or contribute to paying the energy account for the residence that is their home. This ensures that the energy costs associated with the essential medical equipment are accounted for within the eligibility criteria. Additionally, the Specification, as detailed in Schedule 1, lists the specified forms of energy, such as electricity, that are recognised for this payment. There are no explicit offences, penalties, or civil/criminal consequences outlined in the Specification for breaches of the requirements. The Specification is not regulatory in nature, and it is stated that it will not impact on business activity, nor will it have any, or minimal, compliance costs or competition impact. The Statement of Compatibility with Human Rights confirms that the Specification 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, and it does not engage any of the applicable rights or freedoms.