Document ID: chunk:federal_register_of_legislation:F2024C00744:front:0:p31
Version: federal_register_of_legislation:F2024C00744
Segment Type: other
Provision Reference: 
Character Range: 81228–84061

war‑caused injury or disease while a veteran is temporarily absent from Australia unless, prior to departure, an office of the Department has been notified of the veteran's intention to travel.

Financial Limits for Treatment Overseas

Treatment other than residential care/residential care (respite)
2.2.3 Except in an emergency, for treatment other than residential care or residential care (respite), financial responsibility under paragraph 2.2.1 will be limited to:

    (a) the cost of treatment provided in accordance with the mode and duration that would have been provided or arranged, under these Principles, in Australia; or

    (b)  the cost of treatment provided by a health authority or facility nominated by the Commission.

Treatment that is residential care/residential care (respite)

2.2.4 For treatment that is residential care or residential care (respite), financial responsibility under paragraph 2.2.1 will be limited to:

    (a) in the case of residential care provided for a period to a veteran, whether provided in an emergency or not — the lesser of:

 (i) the amount charged the veteran; or
                 (ii) an amount equal to the amount of residential care subsidy that would be payable if the veteran was in Australia for the same period, plus any daily care fee that the Commission would have accepted responsibility for if the veteran was in Australia;

    (b) in the case of residential care (respite) provided for a period to a veteran, whether provided in an emergency or not — the lesser of:

 (i) the amount charged the veteran; or
                 (ii) an amount equal to the amount of residential care subsidy that would be payable if the veteran was in Australia for the same period (not exceeding 63 days in a financial year), plus any daily care fee that the Commission would have accepted responsibility for if the veteran was in Australia.

    Note (1): the intention is that the Commission will not accept any further financial responsibility for residential care (respite) provided to a veteran in a financial year where in that year the veteran had already been provided residential care (respite) for 63 days.

     Note (2): for the purpose of calculating the number of days for which a veteran was provided with residential care (respite) in a financial year, any day on which the veteran was provided residential care (respite) in Australia in that year is also to be taken into account.

     Note (3): A "veteran" includes a former POW.  In most, but not all cases, the Commission accepts liability for the daily care fee for former POWs receiving residential care or residential care (respite) but, in the case of entitled persons other than former POWs, who receive residential care (respite), the Commission only accepts liability for the daily care fee for up to 28