Document ID: chunk:federal_register_of_legislation:C2004A04616:section:2:p15
Version: federal_register_of_legislation:C2004A04616
Segment Type: section
Provision Reference: s 2 (pt 15/32)
Character Range: 76192–78782

if the person had been an Australian resident as defined in section 5G of that Act for a continuous period of at least 10 years; and

  (f) is not receiving a social security pension or benefit; and

  (g) is not receiving a service pension.

Note 1: For 'seniors health card ordinary income test' see section 1071.
Note 2: Section 36 of the Veterans' Entitlements Act deals with eligibility for an age service pension.

"Subdivision B—Entitlement

Entitlement to a seniors health card

"1061ZB. Even though a person is qualified for a seniors health card, benefits and concessions of various kinds relating to the person's health may be made available to the person by the Commonwealth only if the person is the holder of a seniors health card.

    Note 1: If there is a determination in force that a person is entitled to a seniors health card, the person is the holder of a seniors health card. For 'holder of a seniors health card' see section 6A.
    Note 2: A person who is the holder of a seniors health card generally has access to concessional pharmaceutical benefits under the National Health Act 1953 and hearing aid concessions under the Hearing Services Act 1991.

"Division 2—Claim for seniors health card

Need for a claim

"1061ZC.(1) A person who wants to be granted a seniors health card must make a proper claim.

  "(2) For the purposes of subsection (1), if:

  (a) a claim is made by or on behalf of a person; and

     (b) at the time when the claim is made, a determination that the person is entitled to a seniors health card cannot be made because the person is not qualified for that card;

the claim is taken not to have been made.

   Note: For 'proper claim' see section 1061ZD (form), section 1061ZE (manner of lodgment) and section 1061ZF (residence/presence in Australia).

Form of claim

"1061ZD. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.

Lodgment of claim

  "1061ZE.(1) To be a proper claim, a claim must be lodged:

  (a) at an office of the Department; or

  (b) at a place approved for the purpose by the Secretary; or

  (c) with a person approved for the purpose by the Secretary.

"(2) A place or person approved under subsection (1) must be a place or person in Australia.

Claimant must be an Australian resident and in Australia

  "1061ZF. A claim by a person is not a proper claim unless the person is:

  (a) an Australian resident; and

  (b) in Australia;

on the day on which the claim is lodged.

Note: For 'Australian resident' see subsections 7(2) and (3).