EXPLANATORY STATEMENT
Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2012
The Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2012 (the Specification) is made under paragraph 917C(3)(a) of the Social Security Act 1991 (the Act).
Background
As part of the Clean Energy Household Assistance package, the essential medical equipment payment is an annual indexed payment of $140 paid to certain households where a person, for medical reasons, must use essential medical equipment or additional heating or cooling, resulting in higher than average energy use.
The essential medical equipment payment is provided for by Division 4 of Part 2.18A of the Act. A person is qualified for an essential medical equipment payment if they satisfy the medical needs requirement in section 917C, the concession card requirement in section 917D and the energy account requirement in section 917E, and otherwise meet the requirements of section 917B. The medical needs requirement in section 917C may be met if the person requires the use of specified essential medical equipment.
An essential medical equipment payment may alternatively be payable in relation to holders of concession cards under the Veterans’ Entitlements Act 1986, based upon identical criteria.
Purpose
The purpose of the Specification is to specify essential medical equipment for the purposes of paragraph 917C(1)(a) of the Act. The Specification will also have effect for subsection 63C(3) of the Veterans’ Entitlements Act.
Column 1 of the table in Schedule 1 to the Specification specifies items of essential medical equipment. Column 2 of the table creates some additional conditions relating to the circumstances in which particular items of equipment are used which may apply before an item of equipment will be specified essential medical equipment.
The effect of the Specification is to potentially allow a claimant to qualify for an annual essential medical equipment payment if they or a person for whom they care uses specified essential medical equipment.
The Specification commences on 18 June 2012.
Consultation
Consultation on the Specification was undertaken with the Department of Health and Ageing, the Department of Human Services and the Department of Veterans’ Affairs. Consultation was also undertaken with all State and Territory governments, 10 peak medical organisations and 13 peak welfare organisations.
State and Territory governments were consulted about the operation of their life support equipment schemes. The information gathered was used to ensure that the essential medical equipment payment complements the State and Territory schemes.
Peak medical organisations were consulted about the medical aspects of the payment, including the types of medical equipment that should attract an essential medical equipment payment, and the role of medical practitioners in implementing the payment. The information gathered has assisted in the design of the medical qualification criteria.
Peak welfare organisations representing the disability, carers, veterans and seniors communities were consulted about the overall policy framework, with a particular focus on the medical equipment and medical conditions that should attract an essential medical equipment payment. The information gathered has assisted in the policy design.
A number of organisations recommended that electric wheelchairs be added to the list of essential medical equipment, resulting in the addition of this item to the list.
Regulatory Impact Analysis
The Specification is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.
Statement of Compatibility with Human Rights
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.
Human rights implications
The Specification does not engage any of the applicable rights or freedoms.
Conclusion
The Specification is compatible with human rights as it does not raise any human rights issues.