Document ID: chunk:federal_register_of_legislation:C2004A01251:clause:1_10aca:p2
Version: federal_register_of_legislation:C2004A01251
Segment Type: clause
Provision Reference: sch 1 cl 10ACA (pt 2/3)
Character Range: 7082–9716

the sum of the out‑of‑pocket expenses for the current claim and all relevant prior claims for a safety‑net for the expense year is equal to or exceeds the applicable safety‑net amount.

 (6) A claim is a relevant prior claim for a safety‑net for the expense year if:
 (a) the claim has been made for benefit in respect of relevant services which were rendered to:
 (i) for the concessional safety‑net—any member of the family who is a concessional person in relation to the expense year at the time that the current claim is made; and
 (ii) for the FTB(A) safety‑net or the extended general safety‑net—any person who is a member of the family at the time that the current claim is made; and
 (b) the claim is related to medical expenses incurred during the expense year; and
 (c) the claim was accepted for payment by the Commission before the time when the current claim was accepted for payment; and
 (d) the Commission is satisfied at the time when the current claim was accepted for payment that the out‑of‑pocket expenses for the claim have been paid.

 (7) If:
 (a) this section applies to the current claim; but
 (b) the sum of the out‑of‑pocket expenses for all relevant prior claims for the expense year is less than the applicable safety‑net amount;
the benefit payable in respect of the claim is not increased under subsection (2) but is instead increased by the amount worked out using the formula:
where:

balance of safety‑net means the amount by which the sum of the out‑of‑pocket expenses for all relevant prior claims for the expense year is less than the applicable safety‑net amount.

 (8) This section applies only to a benefit that becomes payable after a family becomes registered, even though expenses incurred before the registration in the year the family becomes registered may be taken into account for the purposes of determining whether a safety‑net applies.

 (9) For the purposes of this section (other than paragraph (4)(c)), without affecting the meaning of an expression in any other provision of this Act, if a person to whom benefit is payable in respect of a relevant service is given or sent a cheque under subsection 20(2) or (2A) for the amount of the benefit, the person is taken to have paid so much of the medical expenses in respect of that service as is represented by the amount of the benefit.

 (10) For the purposes of this section, without affecting the meaning of an expression in any other provision of this Act, despite anything else in this Act, the question when medical expenses are incurred in respect of relevant services relating to prescribed items is to be determined under