Commonwealth Numbered Acts

ASSISTANCE FOR CARERS LEGISLATION AMENDMENT ACT 1999 - SCHEDULE 3--Transitional

Social Security Act 1991

1 Schedule 1A

Insert in its appropriate position (determined on a numerical order basis):

SECT 122 Issue of notice before 1 July 1999 to person to whom domiciliary nursing care benefit is being paid requiring notification of events affecting the payment of carer allowance on and after that day (1) The Secretary may, during the period from the start of the day on which the Assistance for Carers Legislation Amendment Act 1999 receives the Royal Assent until the end of 30 June 1999, give a person (the DNCB recipient ) to whom domiciliary nursing care benefit under Part VB of the National Health Act 1953 is being paid a notice in the same terms as could be given under section 984 of this Act on or after 1 July 1999 to a person to whom carer allowance is being paid. The notice only has effect as mentioned in subclause (2).

(2) If, because of the operation of subclause 124(7), carer allowance becomes payable to the DNCB recipient on and after 1 July 1999, the notice has effect on and after that day as if it were given under section 984 of this Act on that day.

Note: Section 984 of this Act allows the Secretary to give a person to whom carer allowance is being paid a notice requiring the person to inform the Department of an event or change in circumstances that might affect the payment of carer allowance.

Insert in their appropriate position (determined on a numerical order basis):

SECT 123 Carer payment provisions (changes to "severely handicapped person" category with effect from 1 July 1999) If a determination, notice, statement or instrument made or given under Part 2.5 of this Act had effect immediately before 1 July 1999 (whether made or given before, on or after that day), it continues to have effect on and after that day despite the amendments made by Part 1 of Schedule 1 to the Assistance for Carers Legislation Amendment Act 1999 .

Note: Carer payments that continue to be payable because of this clause would be able to be terminated later e.g. under section 231.

(1) If a determination, notice, statement or other instrument made or given under this Act in relation to child disability allowance had effect immediately before 1 July 1999 (whether made or given before, on or after that day), it continues to have effect on and after that day as if it had been made or given under this Act in relation to carer allowance.

Note: A determination that carer allowance is payable to a person ceases to have effect if the Secretary becomes satisfied that the allowance is no longer payable and determines that the allowance is to be cancelled or suspended: see sections 992C and 992D.

(2) If:

(a) a person lodged a claim for child disability allowance under this Act before 1 July 1999 (including because of subclause (3) or (4)); and

(b) the claim was not determined before that day; and

(c) the Secretary later determines that the claim is not to be granted;

Claims made on or after 1 July 1999 for child disability allowance

(3) If a person lodges a claim for child disability allowance on or after 1 July 1999, the claim has effect as if it had been made immediately before 1 July 1999.

Claims made on or after 1 July 1999 in respect of qualification before 1 July 1999--carer allowance

(4) If:

(a) a person lodges a claim for carer allowance in respect of a disabled child or 2 disabled children on or after 1 July 1999; and

(b) if the amendments made by Schedule 2 to the Assistance for Carers Legislation Amendment Act 1999 had not been made, the claim could have been made in respect of qualification for child disability allowance for a period before 1 July 1999;

(c) as if it had been made immediately before 1 July 1999; and

(d) as if it were a claim for child disability allowance.

(5) If, immediately before 1 July 1999, a person was qualified for child disability allowance for a period under section 991 or 992AA of this Act as in force immediately before that day, the person continues to be qualified for child disability allowance for that period on and after 1 July 1999 as if the amendments made by Schedule 2 to the Assistance for Carers Legislation Amendment Act 1999 had not been made.

Effect of overseas absence before 1 July 1999

(6) If:

(a) immediately before 1 July 1999, child disability allowance was payable to a person for a CDA child or for 2 dependent children in circumstances where the person or the child or children were absent from Australia; and

(b) that absence from Australia continues on and after 1 July 1999; and

(c) before the end of the period of 26 weeks beginning on 1 July 1999, the period of that absence from Australia exceeds 3 years; and

(d) immediately before the end of those 3 years, carer allowance is payable to the person for the child or children;

Domiciliary nursing care benefit payable to a person immediately before 1 July 1999

(7) If domiciliary nursing care benefit under Part VB of the National Health Act 1953 was payable, or is taken to have been payable, immediately before 1 July 1999 to a person in relation to a patient, then, on and after that day:

(a) carer allowance is payable to the person for the patient; and

(b) Part 2.19 of this Act applies to the person;

Pending claims for domiciliary nursing care benefit--application to Secretary to the Health Department

(8) If:

(a) before 1 July 1999, a person made an application under Part VB of the National Health Act 1953 for approval as an approved person for the purposes of that Part in relation to a patient; and

(b) the Secretary to the Health Department had not dealt with the application before that day; and

(c) the Secretary to the Health Department later refuses the application;

Pending claims for domiciliary nursing care benefit--review by Health Minister

(9) If:

(a) before 1 July 1999, a person made a request to the Health Minister under section 58F of the National Health Act 1953 for a review of a decision of the Secretary to the Health Department refusing the person's application for approval as an approved person for the purposes of Part VB of that Act; and

(b) the Health Minister had not dealt with the request before that day; and

(c) the Health Minister later confirms the decision of the Secretary to the Health Department;

Decision of Health Minister in relation to domiciliary nursing care benefit

(10) If:

(a) under item 3 of Schedule 3 to the Assistance for Carers Legislation Amendment Act 1999 , the Health Minister is required to deal with a request to review a decision of the Secretary to the Health Department to refuse a person's application for approval as an approved person for the purposes of Part VB of the National Health Act 1953 ; and

(b) the Health Minister confirms the decision of the Secretary to the Health Department;

Preserving the no residency requirement for domiciliary nursing care benefit

(11) If:

(a) domiciliary nursing care benefit under Part VB of the National Health Act 1953 was payable, or is to be taken to have been payable, immediately before 1 July 1999 to a person in relation to a patient; and

(b) immediately before that day, the person or the patient was not an Australian resident;

Definitions

(12) In this clause:

Health Department means the Department administered by the Health Minister.

Health Minister means the Minister administering the National Health Act 1953 .

SECT 125 Transitional regulations arising out of carer allowance changes introduced on 1 July 1999 Regulations made under section 1364 may prescribe matters in relation to any transitional matters (including prescribing any saving or application provision) arising out of amendments of this Act made by Schedule 2 to the Assistance for Carers Legislation Amendment Act 1999.

Part 2--Transitional provisions relating to the National Health Act

3 Transitional--time limits for making a request for review of an adverse domiciliary nursing care benefit decision

Review of an adverse domiciliary nursing care benefit decision made before 1 July 1999

(1) If:

(a) before 1 July 1999, the Secretary to the Health Department made a decision to refuse a person's application for approval as an approved person for the purposes of Part VB of the National Health Act 1953 ; and

(b) immediately before 1 July 1999, the person had not requested the Health Minister to review the decision under section 58F of that Act;

(c) the person may, at any time before 1 October 1999, request the Health Minister to review the decision under section 58F of that Act; and

(d) the Health Minister must deal with the request;

Review of an adverse domiciliary nursing care benefit decision made on or after 1 July 1999

(2) If, on or after 1 July 1999, the Secretary to the Health Department makes a decision to refuse a person's application for approval as an approved person for the purposes of Part VB of the National Health Act 1953 , then:

(a) the person may request the Health Minister to review the decision under section 58F of that Act at any time within 3 months after the day on which the person was notified of the decision; and

(b) the Health Minister must deal with the request;

Definitions

(3) In this item:

Health Department means the Department administered by the Health Minister.

Health Minister means the Minister administering the National Health Act 1953 .

4 Transitional--Secretary to Health Department to continue to issue certain certificates relating to domiciliary nursing care benefit

(1) Despite the repeal of paragraph 139A(1)(fa) of the National Health Act 1953 made by Schedule 2 to this Act, the Secretary to the Health Department may, on or after 1 July 1999, give a certification under that paragraph in relation to any period before that day as if the repeal had not occurred.

(2) In this item:

Health Department means the Department administered by the Minister administering the National Health Act 1953.

[ Minister's second reading speech made in--

House of Representatives on 17 February 1999

Senate on 25 March 1999 ]

(17/99)