Document ID: chunk:federal_register_of_legislation:F2018C00909:reg:9:p1
Version: federal_register_of_legislation:F2018C00909
Segment Type: reg
Provision Reference: reg 9 (pt 1/3)
Character Range: 22086–25270

9  Extended Eligibility for Treatment of Unidentifiable Condition

      (1) A veteran included in the class of person specified in Part A is eligible to be provided with the kind of treatment specified in Part B.

  Note (1) see paragraph 88A(1)(a) of the VEA.

      (2) A member or former member included in the class of person specified in Part A is eligible to be provided with the kind of treatment specified in Part B.

  Note (1) see paragraph 88A(1)(d) of the VEA.

    Part A – Class of Person

    A person in the following circumstances:

     (a) the person is a veteran or member or former member who rendered continuous full-time relevant service; and

     (b) the person lodged a claim for pension under the VEA or for compensation under the MRCA within 15 years after the date of the end of the relevant service in respect of a physical or mental condition (unidentifiable condition) that could be a service condition; and

     (c) the Commonwealth (as represented by the Department of Veterans' Affairs) notified the person that the person's condition is an unidentifiable condition i.e. a medical condition that does not satisfy diagnostic criteria in current evidence-based medicine;and

      (d) the person's claim for pension or compensation has not been determined by the Repatriation Commission or the Military Rehabilitation and Compensation Commission, as the case requires.

    Part B – Kind of Treatment

    Treatment under, and subject to:

      *        the Treatment Principles; or
      *        the Repatriation Pharmaceutical Benefits Scheme; or
      *        the Repatriation Private Patient Principles; or
         * an arrangement between the Repatriation Commission and a health care provider pursuant to Part V of the Act.

      (3) Eligibility for treatment in Part B commences on and from the date that is 3 months before the date the claim lodged by the person in Part A was received at an Office of the Department of Veterans' Affairs in Australia, to and including the date the person's claim for pension or compensation under the VEA or MRCA, as the case may be, is determined.

  Schedule 1 Repeal

  The following instruments are revoked:

  Veterans' Entitlements Treatment (Gulf War Health Study) Determination 22/2000

  Veterans' Entitlements Treatment (Accident and Personal Safety) Determination 18/2000

Veterans' Entitlements Treatment (Veterans' Home Care - Veterans' Dependants) Determination 7/2001

Veterans' Entitlements Treatment (Veterans' Home Care) Determination 13/2000

  Veterans' Entitlements Treatment (Unidentifiable Condition) Determination 19/2000

  Veterans' Entitlements Treatment (Residential and Respite Care) Determination 4/2001

  Veterans' Entitlements Treatment (Residential Care) Determination 20/2000

Veterans' Entitlements Treatment (Centre for Military and Veterans' Health) Determination 6/2003

Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment