EXPLANATORY STATEMENT
Social Security (Essential Medical Equipment Payment – Medical Conditions) Specification 2012
The Social Security (Essential Medical Equipment Payment – Medical Conditions) Specification 2012 (the Specification) is made under paragraph 917C(3)(b) 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 has a specified medical condition and as a result of that condition the person is unable to regulate his or her body temperature, and requires additional heating or cooling in their home.
An essential medical equipment payment may alternatively be payable in relation to holders of concession cards under the Veterans’ Entitlements Act 1986 (‘Veterans’ Entitlements Act’), based upon identical criteria.
Purpose
The purpose of the Specification is to specify medical conditions for the purposes of paragraph 917C(1)(b) of the Act. The Specification will also have effect for subsection 63C(3) of the Veterans’ Entitlements Act. Schedule 1 to the Specification lists the specified medical conditions.
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 has a specified medical condition, and as a result, the person is unable to regulate his or her body temperature, additional heating or cooling is required in a residence that is the person’s home to manage the person’s condition, and the person uses additional heating or cooling in that residence.
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 medical heating and cooling schemes. The information gathered was used to inform the design of the medical heating and cooling aspect of the essential medical equipment payment.
Peak medical organisations were consulted about the medical aspects of the payment, including the medical conditions 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 conditions and medical equipment that should attract an essential medical equipment payment. The information gathered has assisted in the policy design.
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 – Medical Conditions) Specification 2012 was enacted to specify the medical conditions that qualify individuals for the essential medical equipment payment under the Social Security Act 1991. This legislation aims to provide financial assistance to households where a person, due to a specified medical condition, requires additional heating or cooling in their home, leading to higher than average energy use. The Specification was made under the authority of the Social Security Act and was developed in consultation with various government departments, peak medical and welfare organisations, and State and Territory governments to ensure that the medical conditions specified are both relevant and necessary for the payment. The Specification does not impose any regulatory burdens, competition impacts, or significant compliance costs on businesses or individuals.
The policy objective of the Specification is to ensure that eligible individuals and their families receive the necessary financial support to manage the energy costs associated with their medical conditions, thereby alleviating some of the financial burdens that these conditions impose. By specifying the medical conditions that qualify for the payment, the legislation aims to streamline the application process and ensure that the payment is targeted effectively to those who need it most. The Specification is designed to be compatible with human rights, as it does not engage any of the applicable rights or freedoms, thereby ensuring that it does not raise any human rights issues.
Scope and Application
The Social Security (Essential Medical Equipment Payment – Medical Conditions) Specification 2012 applies to individuals who are eligible for an annual indexed payment of $140, provided they meet certain criteria related to their medical conditions and energy use. This payment is available to persons with specific medical conditions that prevent them from regulating their body temperature, thus necessitating additional heating or cooling in their homes. The payment scheme is intended for those who experience higher than average energy consumption due to the use of essential medical equipment. The Act applies nationally across Australia, under the overarching Social Security Act 1991, and is specifically designed to support individuals with medical conditions that affect their ability to maintain a comfortable body temperature. The legislation also extends to holders of concession cards under the Veterans’ Entitlements Act 1986, provided they meet the same eligibility criteria. The Specification itself is not regulatory and is designed to minimise compliance costs and competition impact, ensuring it operates smoothly within the existing social security framework.
Key Provisions
The Social Security (Essential Medical Equipment Payment – Medical Conditions) Specification 2012 (the Specification) was made under the authority of paragraph 917C(3)(b) of the Social Security Act 1991 (the Act). It specifies the medical conditions that qualify a person for an essential medical equipment payment. This payment is intended to assist certain households where a person requires additional heating or cooling for medical reasons, leading to higher than average energy use. To qualify for this payment, a person must meet the medical needs requirement in section 917C, the concession card requirement in section 917D, and the energy account requirement in section 917E, in addition to meeting the general requirements in section 917B.
The Specification requires that the person must have a specified medical condition that prevents them from regulating their body temperature, necessitating additional heating or cooling in their home. Schedule 1 of the Specification lists the specific medical conditions that qualify for the payment. The payment can also be made to holders of concession cards under the Veterans’ Entitlements Act 1986 if they meet the same criteria. This payment is part of the Clean Energy Household Assistance package and is designed to alleviate the financial burden associated with higher energy costs due to medical needs.
The Specification imposes obligations on claimants to ensure they meet the medical condition criteria and other requirements stipulated in the Act. Claimants must provide evidence of their medical condition and the necessity for additional heating or cooling. The Act also requires claimants to report any changes in their medical condition or energy usage that could affect their eligibility for the payment. Additionally, claimants must adhere to the conditions outlined in the concession card requirement and maintain an energy account to substantiate their energy usage.
Failure to comply with the requirements of the Specification may result in penalties. Although the Specification itself does not explicitly detail penalties for non-compliance, breaches of the Social Security Act 1991 may lead to various civil or criminal consequences. For instance, providing false or misleading information to obtain a payment could be considered fraud, which is a criminal offence under section 131.1 of the Criminal Code Act 1995, carrying a maximum penalty of five years imprisonment. Additionally, incorrect claims or failure to report changes in circumstances may result in financial penalties or the requirement to repay the amount received.