Federal Register of Legislation - Australian Government

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M9/2011 Principles as made
This instrument amends the MRCA Treatment Principles to enable the Department of Veterans' Affairs to pay the co-payment for ex Prisoners of War and for Victoria Cross for Australia recipients, whose service is covered by the Military Rehabilitation and Compensation Act 2004, who would otherwise need to pay the co-payment in the course of being provided community care or flexible care (extended aged care at home;extended aged care at home - dementia)under the Aged Care Act 1997.
Administered by: Veterans' Affairs
Registered 16 Mar 2011
Tabling HistoryDate
Tabled HR21-Mar-2011
Tabled Senate21-Mar-2011
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

 

 

 

Australian Government

Military Rehabilitation and Compensation Act 2004

 

MRCA Treatment Principles (Community Care at Home approved under the Aged Care Act 1997 for Former Prisoners of War and Victoria Cross for Australia Recipients) Determination 2011

 

Instrument No.M9/2011

 

 

I, Warren Snowdon, Minister for Veterans’ Affairs, pursuant to subsection 286(3) of the Military Rehabilitation and Compensation Act 2004, approve this determination made by the Military Rehabilitation and Compensation Commission.

Dated this       3rd       day of              March  2011

…Warren Snowdon………………………………………………….

WARREN SNOWDON

 

The Military Rehabilitation and Compensation Commission, pursuant to subsection 286(2) of the Military Rehabilitation and Compensation Act 2004, varies the MRCA Treatment Principles (Instrument No.M21 of 2004) in accordance with the Schedule.

Dated this       21st     day of              February          2011

 

The Seal of the                                                )

Military Rehabilitation                                    )

and Compensation Commission                   )SEAL

was affixed hereto in the                                )

presence of:                                                     )

Ian Campbell                                           Major General Mark Kelly AO DSC

………………………………………………………………………………………....

IAN CAMPBELL                                                    Major General Mark Kelly AO DSC

CHAIR                                                                                                   MEMBER

 

 

[1]     Name of Instrument

This instrument is the MRCA Treatment Principles (Community Care at Home approved under the Aged Care Act 1997 for Former Prisoners of War and Victoria Cross for Australia Recipients) Determination 2011

 

[2]  Commencement

 

This instrument is taken to have commenced on 21 August 2009.

 




 

Schedule

 

1.      Paragraph 1.4.1

 

insert:

 

Community Aged Care Package” means “community care” under section 45-3 of the Aged Care Act 1997 in force from time to time (the Act) for which an approved provider under the Act is, on the day community care is provided by the provider to a former prisoner of war or an entitled member awarded the Victoria Cross for Australia, eligible for community care subsidy under the Act.

 

Note 1: the Aged Care Act 1997 and the Community Care Subsidy Principles 1997 can be found on COMLAW: http://www.comlaw.gov.au

 

Note 2: the Community Care Subsidy Principles 1997 may specify care that is/is not community care under the Aged Care Act 1997.

 

Extended Aged Care at Home Package” means flexible careas defined in section 49-3 of the Aged Care Act 1997 in force from time to time (the Act):

 

(a)     for which an approved provider under the Act is, on the day flexible care is provided by the provider to a former prisoner of war or an entitled member awarded the Victoria Cross for Australia, eligible for flexible care subsidy under the Act; and

 

          (b)     comprised of the flexible care described in the Flexible Care Subsidy Principles 1997 as “extended aged care at home” or “extended aged care at home - dementia”.

 

Note 1: the Aged Care Act 1997 and the Flexible Care Subsidy Principles 1997 can be found on COMLAW: http://www.comlaw.gov.au

 

Note 2: the Flexible Care Subsidy Principles 1997 may specify care for which flexible care subsidy under the Act may be payable.

 

“prisoner of war” means an entitled member who was captured by the enemy (including a terrorist) while rendering defence service.

 

2.      Heading to PART 10 (Residential Care)

                     

substitute:

 

PART 10 – RESIDENTIAL CARE AND CARE AT HOME PACKAGES

 

3.      Part 10 Part C

 

after this Part, insert:

 

Part D - CARE AT HOME PACKAGES

 

10.9   The Commission may accept financial responsibility for a Community Aged Care Package or Extended Aged Care at Home Package for a former prisoner of war, or an entitled member awarded the Victoria Cross for Australia (VC recipient), who is receiving (or who has received) such a care package.

 

10.10 Financial responsibility is limited to responsibility for the amount (co-payment) the former prisoner of war or VC recipient paid, or is to pay, pursuant to an agreement with the provider of the care package — to the extent the co-payment does not exceed any limit under:

 

(a)              the Aged Care Act 1997;

(b)             instruments under the Aged Care Act 1997; or

(c)              any agreement between the provider of the care and the Secretary of the Department that administers the Aged Care Act 1997;

 

and financial responsibility does not include responsibility for the cost of the care package that would otherwise be subsidised under the Aged Care Act 1997.

 

10.11 In deciding whether to accept financial responsibility for a Community Aged Care Package or Extended Aged Care at Home Package provided to a former prisoner of war or VC recipient the Commission should take into account:

 

          (a)     whether the care was provided in accordance with the relevant provisions of the Aged Care Act 1997 and the relevant instruments thereunder;

(b)     whether the care complies with the requirements of any agreement between the provider of the care and the Secretary of the Department that administers the Aged Care Act 1997; and

 

          (c)      whether the care essentially duplicates treatment the former prisoner of war or VC recipient is receiving under other provisions of the Principles (double-dipping).

 

10.12          Billing

 

10.12.1       The provider of a Community Aged Care Package or Extended Aged Care at Home Package should bill Medicare Australia rather than the former prisoner of war or VC recipient (client) but if the client is billed, the Commission may, subject to paragraph 10.10, accept financial liability for the amount.

 

4.      Part 10 (as amended by this instrument)

 

            Renumber provisions.