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.
Overview
The Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2012 was enacted to address the need for financial assistance to households with members who require the use of essential medical equipment, such as oxygen concentrators or electric wheelchairs, due to medical conditions. This legislation complements the Clean Energy Household Assistance package and is intended to alleviate the financial burden associated with higher energy usage caused by the need for such equipment. The Specification is made under the Social Security Act 1991 and aims to specify the types of essential medical equipment that qualify for the annual indexed payment. The enactment body is the Parliament of Australia, with the objective of providing targeted support to individuals and families who face increased energy costs as a result of their medical needs. The Specification ensures that the payment system is aligned with existing state and territory schemes, and incorporates feedback from medical and welfare organisations to effectively identify and support those in need.
Scope and Application
The Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2012 applies to individuals who require the use of essential medical equipment due to medical conditions, resulting in higher than average energy consumption. The act is made under the Social Security Act 1991 and serves as part of the Clean Energy Household Assistance package. To qualify for the payment, a person must satisfy the medical needs requirement, concession card requirement, and energy account requirement, in addition to meeting other criteria. The legislation also extends to holders of concession cards under the Veterans’ Entitlements Act 1986. The Specification details the types of essential medical equipment that qualify for the payment and outlines conditions that may apply. The Specification applies nationally and complements state and territory life support equipment schemes. It does not impose regulatory requirements, compliance costs, or competition impacts and is compatible with human rights as it does not engage any applicable rights or freedoms.
Key Provisions
The Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2012 outlines the definition of essential medical equipment that qualifies individuals for an annual indexed payment of $140, provided under the Social Security Act 1991 (sections 917C, 917D, 917E, and 917B). To qualify, individuals must meet the medical needs requirement, which includes the use of specified essential medical equipment due to medical reasons, and also satisfy the concession card requirement and the energy account requirement. The specified essential medical equipment is detailed in Schedule 1 of the Specification, with column 1 listing the items and column 2 providing conditions for their use. This payment aims to assist households with higher energy use because of the necessity for essential medical equipment.
The Specification imposes obligations on claimants to ensure they meet the criteria outlined in the Social Security Act 1991, particularly concerning the medical necessity of using specified equipment. Claimants must also provide evidence of the use of such equipment, meeting the conditions set out in the Specification. The Act mandates that medical practitioners play a role in verifying the medical need for the equipment. Additionally, the Specification requires consultation and cooperation with relevant authorities, including state and territory governments, peak medical organisations, and peak welfare organisations, to ensure the payment complements existing schemes and policies.
Failure to comply with the provisions of the Social Security Act 1991 or the Specification can result in civil or criminal consequences. While the Specification itself does not impose penalties, non-compliance with the Act may lead to legal action, including fines and imprisonment. The maximum penalties for breaches of the Act are determined by the severity of the offence and can include substantial fines and imprisonment terms. Claimants are expected to provide accurate and truthful information to qualify for the payment, and any misrepresentation can lead to disqualification and possible legal repercussions.
The Specification ensures that the payment is compatible with human rights as it does not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. This compatibility is maintained by avoiding any issues that could infringe upon the rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Specification's regulatory impact analysis confirms that it does not impose any significant compliance costs or competition impact on businesses.