Commonwealth Numbered Regulations - Explanatory Statements

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HEALTH AND OTHER SERVICES (COMPENSATION) REGULATIONS 1995 NO. 441

STATUTORY RULES 1995 No. 441

Issued by authority of the Minister for Human Services and Health

Health and Other Services (Compensation) Act 1995

Health and Other Services (Compensation) Regulations

The Health and Other Services (Compensation) Act 1995 (the Act) provides for the recovery of Medicare benefit and nursing home benefit that has been paid for treatment provided in relation to a compensable injury. Under the Act, claims for compensation must be notified to the Health Insurance Commission and benefits are recovered by the Commonwealth, when the claimant receives an amount of compensation for the injury either by a reimbursement of his or her expenses, or by a settlement or judgment.

Section 47 of the Act provides that the Governor-General may make regulations for the purposes of this Act.

Section 38 of the Act provides that the regulations may prescribe an amount of compensation that is a small amount.

The regulations define the meaning of a "small amount" as used in the Act. Where an amount has been fixed by judgment or settlement in relation to a compensation claim and is a small amount, then past payments of benefits will not be recovered. The amount is a small amount if it is less than $150, indexed in line with the Consumer Price Index.

The Regulations come into effect on 1 February 1996.