Federal Register of Legislation - Australian Government

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R45/2009 Principles as made
This instrument varies the Treatment Principles (No. R8 of 2004) to alter HomeFront subsidies to one per 12 month period rather than one per calendar year as was formerly the case.
Administered by: Veterans' Affairs
Registered 22 Oct 2009
Tabling HistoryDate
Tabled HR26-Oct-2009
Tabled Senate26-Oct-2009
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

EXPLANATORY STATEMENT

 

Veterans’ Entitlements (Treatment Principles - HomeFront -Frequency of Subsidy) Instrument 2009

 

EMPOWERING PROVISION

 

Subsection 90(4) of the Veterans’ Entitlements Act 1986 (Act).

 

PURPOSE

 

The attached instrument (R45/2009) amends the Treatment Principles (the Principles) to alter HomeFront subsidies to one per 12 month period rather than one per calendar year as was formerly the case.

 

The Treatment Principles is a legislative instrument made under subsection 90(4) of the Act and sets out the circumstances in which the Repatriation Commission (Commission) may accept financial liability for treatment provided to veterans and their dependants (entitled persons).

 

The HomeFront Program operates under paragraph 11.9 of the

Principles.  The Program provides for small grants to be made to veterans and dependants (entitled persons) eligible for treatment under Part V of the Act who live at home to enable them to purchase items that will facilitate their physical safety around the home e.g. bathroom grab-rails and non-slip strips for steps.  Under the Instrument financial assistance to a maximum amount of $200 is available per 12 month period towards the cost of minor home modifications that reduce the risk of falls and accidents.

 

Prior to the attached instrument a subsidy could be paid only once in a calendar year.  Unfortunately this formula provided scope for an assessor, towards the end of a calendar year, to recommend that an entitled person only required say, one handrail, when in fact the person required two, resulting in the payment of a $200 subsidy, but at the commencement of the next calendar year, the assessor would recommend the entitled person required the other handrail, resulting in the payment of another $200 subsidy. 

 

If the entitled person had received both handrails at the same time, the subsidy would have been limited to $200 instead of $400. 

 

By permitting the subsidy only once in a 12 month period, instead of once in a calendar year, “year straddling” will not occur and this could deter assessors from making split-assessments which unnecessarily resulted in payment of a double subsidy, because the entitled person would need to wait longer for the next assessment i.e. 12 months.

 

RETROSPECTIVITY

 

None.  

 

CONSULTATION

 

Yes.  The Ex-Service Organisations Round Table was consulted on the proposal and the outcome was favourable.

 

DOCUMENTS INCORPORATED - BY - REFERENCE

 

No.

 

FURTHER EXPLANATION

 

Attachment A

 




Attachment A

 

Items

 

Paragraph [1]         sets out the name of the Instrument.

 

Paragraph [2]         provides that the Instrument commences on the 29th day from and including the day after the day it is registered on the Federal Register of Legislative Instruments.  This allows for a period of notice to entitled persons and other relevant parties under the HomeFront Program.

 

Schedule

 

Item 1                   omits paragraph 11.9.1 and substitutes a new paragraph 11.9.1 and inserts new paragraphs 11.9.1A and 11.9.1B.

 

Paragraph 11.9.1

 

New paragraph 11.9.1 is the same as the former provision except that the relevant period is 12 months and not a calendar year.  The provision will enable the Commission to assist in providing aids and appliances for accident prevention and personal safety for an entitled person and will limit financial assistance to once in any period of 12 months.

 

Paragraph 11.9.1A

 

New paragraph 11.9.1A specifies that a period of 12 months commences on the date that the Commission approves financial assistance for an aid or appliance and that the Commission will not approve financial assistance if a period of 12 months has not elapsed from and including the date of any previous approval.

 

Paragraph 11.9.1B

 

New paragraph 11.9.1B covers the situation where the Commission approved financial assistance prior to the commencement of this Instrument and on the commencement date of the Instrument a period of 12 months had not expired from and including the date of approval.  In this situation, new paragraph 11.9.1B provides that the approval is taken to have been granted under this Instrument and the period of 12 months commences on the date of the previous approval.

 

The Note refers to a section 88A determination made under the Act that determined holders of white cards to also be eligible for accident prevention and personal safety treatment for all their injuries/diseases, not just war/defence-caused ones.