Document ID: chunk:federal_register_of_legislation:F2018C00909:reg:8:p2
Version: federal_register_of_legislation:F2018C00909
Segment Type: reg
Provision Reference: reg 8 (pt 2/3)
Character Range: 18192–20912

the beneficiary who was a full-time carer of the beneficiary:

              (A) where the beneficiary is or was a veteran, member or former member; or
              (B) where the beneficiary was the partner of a veteran, member or former member and the child is the former child of the veteran, member or former member.

            (v) a former child of the beneficiary — being a former child with a serious disability:

              (A) where the beneficiary is or was a veteran, member or former member; or
              (B) where the beneficiary was the partner of a veteran, member or former member and the child is the former child of the veteran, member or former member.

    Note (1): the person to whom the class of person relates is the "family member" not the "beneficiary".

    Note (2): "child" under the VEA has a different meaning to its normal meaning and means a person who has not turned 16 unless the person is undertaking full time education in which case the person is a child until turning 25.  Accordingly under the VEA a child ceases to be a child upon turning 16 or 25, as the case may be.  The child is then a former child.

    Note (3) Although the terms "partner", "former partner", "child", former child", are mentioned in relation to a member or former member (i.e. people covered by the MRCA), as this instrument is made under the VEA, the definitions of "child" and "partner" in the VEA and not the MRCA prevail.

    Note (4): the Treatment Principles limit the delivery of a limited VHC-type service to, generally speaking, 12 weeks.

  Part B – Kind of Treatment

       (a) for a person in the class of person in Part A who is entitled to a limited VHC-type service under the Treatment Principles — limited VHC-type service.

      Note (1): a limited VHC-type service is a service identical to Domestic Assistance or Home and Garden Maintenance which a relevant beneficiary was eligible to receive.
      Note (2): example - a partner of a veteran, where the veteran was eligible for home and garden maintenance under the Treatment Principles and who left the home for treatment, is, in conjunction with this instrument, entitled to a limited VHC-type service under the Treatment Principles.

      (b) for a person in the class of person in Part A who is not entitled to a limited VHC-type service under the Treatment Principles — limited VHC-type service as if the person is entitled to a limited VHC-type service under the Treatment Principles and as if the relevant beneficiary of the Domestic Assistance or Home and Garden Maintenance under the MRCA Treatment Principles was eligible for those services under the Treatment Principles.

      Note (1): example - a partner