Federal Register of Legislation - Australian Government

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Determinations/Social Security as made
This instrument determines that people who receive the benefit of a Victorian Transport Accident Commission payment under the Victorian Transport Accident Commission schemes, and who also receive a social security payment, will not have the payment under the Victorian Transport Accident Commission schemes taken into account for the purposes of the social security income test.
Administered by: Social Services
Registered 24 Apr 2015
Tabling HistoryDate
Tabled Senate11-May-2015
Tabled HR12-May-2015

Social Security (Personal Care Support – Victorian Transport Accident Commission – Scheme for Payment of Medical and Like Benefits to Persons Injured as a result of a Transport Accident and Scheme for Individualised Funding) Determination 2015

Social Security Act 1991

I, SCOTT MORRISON, Minister for Social Services, make this determination under section 35A of the Social Security Act 1991.


Dated: 14 April 2015

 

 

Scott Morrison

Minister for Social Services

 

 

 

 

 

 

 

 

 

 

 


1          Name of instrument

                This determination is the Social Security (Personal Care Support – Victorian Transport Accident Commission – Scheme for Payment of Medical and Like Benefits to Persons Injured as a result of a Transport Accident and Scheme for Individualised Funding) Determination 2015.

2              Commencement

                This determination commences on the day after it is registered.

3              Revocation of Previous Determinations

                The following Determinations are revoked:

Family and Community Services (Victorian Transport Accident Commission ‘Attendant Care Service’ and ‘Post Acute Support’) Determination 2005
(Federal Register of Legislative Instruments number F2005L02464);

Social Security (Victorian Transport Accident Commission ‘Attendant Care Service’  and ‘Post Acute Support’ Exemption) (DEST) Determination 2005 (Federal Register of Legislative Instruments number F2005L03027);

                Social Security (Victorian Transport Accident Commission ‘Attendant Care Service’ and ‘Post Acute Support’ Exemption) (DEWR) Determination 2005 (Federal Register of Legislative Instruments number F2005L02456).

4              Definitions

                Scheme for Payment of Medical and Like Benefits to Persons Injured as a result of a Transport Accident means the scheme established by the Victorian Transport Accident Commission (the Commission) pursuant to section 60 of the Victorian Transport Accident Act 1986 (the TA Act) under which payments for Medical and Like Benefits are required to be made by the Commission to persons who are injured as a result of a transport accident and reasonably require services for the treatment of, or support services related to, the accident-related injury or disability.

                Scheme for Individualised Funding means the scheme established by the Commission pursuant to section 61A of the TA Act which allows a person who     has a severe injury as a result of a transport accident to enter into an individual funding agreement with the Commission that enables the person to purchase directly certain approved services to which they would  otherwise be entitled to under section 60 of the TA Act.

 

 

 

 

 

 

5              Personal care support scheme

The Scheme for Payment of Medical and Like Benefits to Persons Injured as a result of a Transport Accident and the Scheme for Individualised Funding are approved schemes for the purposes of paragraph 8(8)(zi) of the Social Security Act 1991 (the Act).

 

Note: Paragraph 8(8)(zi) provides that a payment towards the cost of personal care support services for the person, being a payment made under a scheme approved under section 35A of the Act, is not income for the purposes of the Act.