Document ID: chunk:federal_register_of_legislation:F2024C00744:front:0:p13
Version: federal_register_of_legislation:F2024C00744
Segment Type: other
Provision Reference: 
Character Range: 33162–35968

in the opinion of the Commission, fall significantly outside those referred to in any arrangement between the Commission and a DVA‑contracted community nursing provider.

    Note: paragraph 3.5.1 (after paragraph (f)) enables the Commission, in exceptional circumstances to, among other things, accept financial liability for fees higher than those set out in an arrangement.

    "excluded service" means:

    (a) a HACC Review Agreement (National Partnership) service; or
    (b) a Commonwealth Home Support Programme service;

    that is the same type of service that may be provided under the Veterans' Home Care Program as a Home Care service (category A) or Home Care service (category C).

    Note : the intention is that a Home Care service (category A), Home Care service (category B) and Home Care service (category C) are mutually exclusive.

    "exempt amount" means an amount of money not payable by an entitled person in respect of any Home Care service (category A) or Home Care service (category C) provided to the entitled person by an approved provider, because the entitled person is an exempt entitled person.

    "exempt entitled person" means, in relation to the provision of any Home Care service (category A) or Home Care service (category C) to an entitled person, an entitled person who:

         (a) has a dependent child; or

     Note: dependent child is defined in the Act as having the same meaning as in the Social Security Act.  Note also that under the Acts Interpretation Act 1901 the singular includes the plural meaning a person can have more than one dependent child.

         (b) is a person to whom section 52Y of the Act applies; or

    Note: the application of section 52Y to a person means the person avoids severe financial hardship.

      (c) is in receipt of an income support payment at the maximum rate and does not earn, derive or receive ordinary income exceeding $40 per fortnight; or

        (d) in the opinion of the Commission, could suffer severe hardship if the person was to make a payment in respect of the service.

     Note: the Commission may allow exemption from payment for a period or until the
          occurrence of an event.

    "Fee Schedule" means a DVA document approved by the Commission or a member thereof, or by the Secretary to the Department, with the words "Fees" and 'Schedule", in relation to a category of health care provider, in the title to the document, that sets out the terms on which, and the conditions subject to which, the Commission will accept financial responsibility for treatment provided to an entitled person by the health care provider the subject of the document.

 Note: the DVA documents called Fee Schedules set out amounts the Department will pay for health care services and can designate