Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2022

Administered by Department of Social Services

Legislation au F2022L00070 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Families and Social Services

 

Social Security Act 1991

 

Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2022

 

Purpose

The purpose of the Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2022 (this instrument) is to replace the Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2012, which will sunset on 1 April 2022.

This instrument allows a person to qualify for an annual Essential Medical Equipment Payment (EMEP) if they or a person for whom they care uses specified essential medical equipment.

Background

The EMEP is an annual indexed payment 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 EMEP is provided for by Division 4 of Part 2.18A of the Social Security Act 1991 (the Act). A person is qualified for an EMEP if they satisfy the medical needs requirement in section 917C, the concession card requirement in section 917D, the energy account requirement in section 917E, and otherwise meet the requirements of section 917B. 

Part of the medical needs requirement in section 917C is that the person requires the use of specified essential medical equipment in the relevant EMEP residence, and the person uses that equipment in the relevant EMEP residence.

An EMEP may alternatively be payable in relation to holders of concession cards under the Veterans’ Entitlements Act 1986 (the Veterans’ Entitlements Act), based upon identical criteria.

Commencement

This instrument commences on 1 April 2022.

Paragraph 917C(3)(a) of the Act allows the Minister to specify, by legislative instrument, essential medical equipment for the purposes of paragraph 917C(1)(a).

Consultation

External consultation was conducted with the following organisations:

  • Australian Medical Association
  • Royal Australasian College of Physicians
  • Royal Australian College of General Practitioners
  • Australian Council of Social Services
  • People with Disability Australia
  • Children and Young People with Disability Australia
  • Australian Federation of Disability Organisations
  • Inclusion Australia
  • Carers Australia
  • National Seniors Australia
  • National Aboriginal Community Controlled Health Organisation
  • First Peoples Disability Network.

The organisations were provided the opportunity to comment on the draft instrument. The Department of Social Services (the department) did not receive feedback from any organisation.

The department also held discussions with the Department of Veterans’ Affairs and Services Australia. State and territory governments were also notified of the intention to renew the instrument and given the opportunity to provide comments.

Regulation Impact Statement (RIS)

This instrument does not require a Regulatory Impact Statement. This instrument is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact (OBPR ID: OBPR21-01046).

Availability of independent review

A decision made as informed by this instrument under section 917B as to qualification for the EMEP is reviewable both internally and externally under the enabling Act and Parts 4 and 4A of the Social Security (Administration) Act 1999.

This instrument is a legislative instrument for the purposes of the Legislation Act 2003 and is subject to disallowance.

Explanation of the provisions

Section 1

This section provides that the name of this instrument is the Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2022.

Section 2  

This section provides that this instrument commences on 1 April 2022.

Section 3

This section provides that the authority for making this instrument is paragraph 917C(3)(a) of the Act.

Section 4  

This section provides that in this instrument the Act means the Social Security Act 1991.

Section 5
 

This section specifies essential medical equipment for the purposes of paragraph 917C(1)(a) of the Act.

Statement of Compatibility with Human Rights

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

 

Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2022

 

The Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2022 (this 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 the legislative instrument

The purpose of this instrument is to replace the Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2012, which will sunset on 1 April 2022.

This instrument allows a person to qualify for an annual Essential Medical Equipment Payment (EMEP), subject to other eligibility criteria, if they or a person for whom they care uses specified essential medical equipment.

Human rights implications

This legislative instrument engages the following rights:

  • Right to social protection and social security
  • Right to privacy and reputation.

Right to social protection and social security

This instrument engages the right to social protection under article 28(2) of the Convention of the Rights of Persons with Disabilities (the CRPD) and the right to social security under Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The right to social protection requires that persons with disabilities have access to affordable services, devices and other assistance for disability-related needs.

The right to social security requires that a system be established under domestic law, and that public authorities must take responsibility for the effective administration of the system. The social security scheme must provide a minimum essential level of benefits to all individuals and families that will enable them to acquire at least essential health care, basic shelter and housing, water and sanitation, foodstuffs, and the most basic forms of education.

This instrument enables people to qualify for the EMEP, subject to other eligibility requirements. The payment provides financial assistance for people with higher than average energy usage due to equipment required for medical reasons. This instrument is therefore compatible with the right to social protection and the right to social security.

Right to privacy and reputation

This instrument engages with the right to privacy and reputation under Article 17 of the International Covenant on Civil and Political Rights (ICCPR). The right to privacy and reputation provides that ‘[n]o one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.’

This instrument will only authorise the collection of information for the purposes of determining the qualification for, and payability of, the EMEP in accordance with the Social Security Act 1991. This instrument will also operate in conjunction with the privacy requirements of the Division 3 of Part 5 of the Social Security (Administration) Act 1999 and the Privacy Act 1988. This instrument is therefore compatible with the right to privacy and reputation.

Conclusion

This instrument is compatible with human rights as it enables a person to access social protection and social security in the form of the EMEP and provides the appropriate protection to a person’s privacy with the collection of information.

 

 

Anne Ruston, Minister for Families and Social Services

Overview

The Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2022 was introduced to replace the 2012 specification, which was set to sunset on 1 April 2022. This instrument, enacted by the Parliament of Australia, is designed to ensure the continuation of the Essential Medical Equipment Payment (EMEP), which provides financial assistance to individuals and households that incur higher than average energy costs due to the necessity of using specified essential medical equipment. The EMEP is intended to support people with disabilities or other medical conditions that require the use of specialised equipment, ensuring they receive the necessary financial aid to manage their energy expenses. The policy objective of this legislative instrument is to uphold the rights to social protection and social security as articulated in international human rights instruments, while also respecting the right to privacy and reputation. By specifying the essential medical equipment eligible for the EMEP, the instrument facilitates access to social security benefits for those in need, thereby promoting social inclusion and economic stability for affected individuals and their families.

Scope and Application

The Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2022 applies to individuals who, for medical reasons, must use specified essential medical equipment, resulting in higher than average energy usage. This applies to those who either directly use the equipment or to carers who provide assistance to someone who uses the equipment. The Act applies on a national level, with its provisions being implemented across the Commonwealth of Australia. The instrument itself, as specified by section 3 of the Social Security Act 1991, outlines the types of equipment that qualify for the EMEP, and it is through this specification that the scope of the equipment is defined and may be extended or restricted. The Act does not explicitly state exclusions or exemptions but implies that eligibility is contingent upon meeting the specified medical needs, concession card requirements, and energy account requirements outlined in the Social Security Act 1991. The instrument is compatible with human rights, particularly the rights to social protection, social security, and privacy, as it ensures that eligible individuals receive financial assistance while safeguarding their privacy during the information collection process.

Key Provisions

The Social Security (Essential Medical Equipment Payment – Essential Medical Equipment) Specification 2022 provides a framework for the qualification and payment of the Essential Medical Equipment Payment (EMEP) to eligible individuals. Section 5 of the instrument specifies the essential medical equipment that qualifies a person for the EMEP, replacing the previous specification from 2012. This specification is aligned with the criteria set out in section 917C of the Social Security Act 1991, ensuring that the payment is available to those who require specified medical equipment for medical reasons, leading to higher than average energy use. To qualify for the EMEP, an individual must meet several requirements, including the medical needs requirement (section 917C), concession card requirement (section 917D), and energy account requirement (section 917E) as outlined in the Act. Additionally, they must satisfy other eligibility criteria specified in section 917B. These requirements ensure that the payment is directed to those who genuinely need financial assistance due to their medical conditions and the associated higher energy consumption. Failure to comply with the provisions of the Act or the specifications could result in legal consequences. However, the instrument itself does not specify particular offences, penalties, or civil/criminal consequences for breach. Instead, it operates under the broader framework established by the Social Security Act 1991 and the Social Security (Administration) Act 1999. These Acts provide mechanisms for the review of decisions related to the EMEP, both internally and externally, allowing for the resolution of any disputes or challenges regarding eligibility or payment. The instrument is compatible with human rights as it supports the right to social protection and social security by providing financial assistance to individuals with disabilities who require essential medical equipment. Additionally, it respects the right to privacy and reputation by ensuring that any information collected for the purpose of determining eligibility is handled in accordance with relevant privacy laws. This compatibility ensures that the instrument not only meets its legislative objectives but also upholds the fundamental rights of individuals.

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Social Security Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Offence Provisions
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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.