Document ID: chunk:federal_register_of_legislation:C2004A04616:section:2:p27
Version: federal_register_of_legislation:C2004A04616
Segment Type: section
Provision Reference: s 2 (pt 27/32)
Character Range: 106195–108896

this, there is still a decision of an officer for review purposes (see section 1061ZP). If a person ceases to be entitled to a seniors health card because of the operation of a computer program and the Secretary could have made a determination having the same effect, section 1061ZS provides that the determination is taken to have been made.".

Application for review

16. Section 1240 of the Principal Act is amended by adding at the end of subsection (1) the following Note:

     "Note 2: If a person ceases to be entitled to a seniors health card because of the operation of section 1061N or 1061O and a computer program gives effect to this, there is still a decision of an officer for review purposes (see section 1061ZP). If a person ceases to be entitled to a seniors health card because of the operation of a computer program and the Secretary could have made a determination having the same effect, section 1061ZS provides that the determination is taken to have been made.".

Amendments of the National Health Act

  17. Section 84 of the National Health Act 1953 is amended:

    (a) by inserting after paragraph (ab) of the definition of "concessional beneficiary" in subsection (1) the following paragraph:

         "(ac) a person who is the holder of a seniors health card within the meaning of the Social Security Act 1991; or

            Note: For 'holder of a seniors health card' see section 6A of the Social Security Act.";

    (b) by omitting from subsection (1) the definition of "dependant" and substituting the following definition:

     " 'dependant' has the meaning given by subsections (4), (5) and

    (6);";

  (c) by adding at the end the following subsections:

     "(4) A dependant, in relation to a person to whom paragraph (a) or (b) of the definition of 'concessional beneficiary' applies, is:

      (i) the spouse of the person; or

        (ii) a child under the age of 16 years who is in the custody, care and control of the person or of the spouse of the person; or

     (iii) a person who:

            (A) has attained the age of 16 years but is under the age of 25 years; and

            (B) is receiving full time education at a school, college or university; and

            (C) is not being paid a disability support pension under the Social Security Act 1991 or, in a case where the person is being paid a rehabilitation allowance under that Act, was not eligible to receive an invalid pension immediately before the person became eligible to receive that allowance; and

            (D) is wholly or substantially dependent on the person or on the spouse of the person.

     "(5) A dependant, in relation to a person to whom paragraph (c) of