Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS (AMENDMENT) 1991 NO. 1

Statutory Rules 1991 No. 1

National Health Act 1953

National Health (Pharmaceutical Benefits) Regulations (Amendment)

Apart from section 140 of the National Health Act 1953 (the Act), which provides that the Governor-General may make Regulations for the purposes of the Act, certain other provisions in the Act also specifically provide for matters to be prescribed by Regulation. Paragraph 84DA(3)(b) of the Act provides for the prescribing of particulars to be included in an application for a Safety Net Concession Card.

The Social Welfare Legislation (Pharmaceutical Benefits) Amendment Act 1990 and the Community Services and Health Legislation Amendment Act 1990 introduced changes to the pharmaceutical benefits safety net scheme contained in Division 1A, Part VII of the National Health Act 1953 (the Act). Instead of eligibility for free pharmaceutical benefits being based on the number of pharmaceutical benefits purchased during a calendar year, eligibility will now be based on the amount of money spent. A person who either individually or as a family spends $300 on pharmaceutical benefits in a calendar year will qualify to receive further pharmaceutical benefits at a rate of $2.50 until a further $50 is spent (unless that person qualifies to be treated as a concessional beneficiary). Once that target is reached that person is issued with an Entitlement Card entitling him/her to receive pharmaceutical benefits without charge for the remainder of the calendar year.

Persons who are eligible to receive pharmaceutical benefits at the $2.50 rate before becoming entitled to free pharmaceutical benefits are to be issued with Concession Cards. The Community Services and Health Legislation Amendment Act (No. 2) 1990 provides for this.

New regulation 9AA inserted into the National Health (Pharmaceutical Benefits) Regulations sets out the particulars which paragraph 84DA(3)(b) of the Act provides should be prescribed as particulars to be included in an application for a Concession Card.

New regulations 9AB and 9AC set out procedures for applying for an additional or replacement Concession Card. New regulations 9AD and 9AE set up a procedure whereby the refusal of the Secretary to issue an additional or replacement Concession Card is to be subject to review by the Administrative Appeals Tribunal. These provisions mirror the existing provisions relating to the issue of additional or replacement Entitlement Cards.

The other amendments are merely consequential amendments.