Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p33
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 33/35)
Character Range: 120602–123418

the following section is inserted:

Cancellation determination where pension not payable

"56EJ3.(1) If a service pension is not payable to a person because the rate of the pension has been determined to be nil, the Commission may determine that the pension is to be cancelled.

"(2) The determination must be in writing.

    Note: For the date of effect of a determination under this section, see section 56H.".

Insertion of sections

54. After section 196ZM of the Principal Act the following sections are inserted in Part XIB:

Medical expenses

"196ZN.(1) The Commonwealth may, subject to this section, pay to an applicant who asks the Review Council to conduct a review as provided for by this Part an amount to cover the medical expenses incurred by him or her in respect of relevant documentary medical evidence obtained for the purposes of the review and submitted to the Review Council.

"(2) The applicant is not to be paid:

    (a) if the applicant has submitted to the Review Council relevant documentary medical evidence relating to only one medical condition—more than $425 for medical expenses; or

    (b) if the applicant has submitted to the Review Council relevant documentary medical evidence relating to more than one medical condition—more than $425 for the medical expenses incurred in respect of the evidence relating to any one of those conditions.

"(3) An amount is not payable in respect of medical expenses unless:

    (a) the person who has incurred the expenses; or

    (b) any person approved by that person or by the Commission;

applies in writing to the Commission for payment.

"(4) The application for payment must be:

    (a) in accordance with a form approved by the Commission; and

    (b) made within 3 months after the relevant documentary medical evidence was submitted to the Review Council; and

    (c) lodged, together with any document that the applicant considers relevant, at an office of the Department in Australia.

"(5) For the purposes of this section 'relevant documentary medical evidence' in relation to an application has the same meaning as is specified in section 133.

Travelling expenses for obtaining medical evidence

"196ZO.(1) If an applicant has had to travel to obtain any relevant documentary medical evidence submitted to the Review Council, the applicant is, subject to this section, entitled to be paid in relation to that travel the travelling expenses that are prescribed.

"(2) If:

    (a) the applicant is accompanied by an attendant when travelling to obtain the evidence; and

    (b) the Commission is of the view that it is reasonable for the applicant to be so accompanied by an attendant;

the attendant is, subject to this section, entitled to be paid in relation to that travel the travelling expenses that are prescribed.