Document ID: chunk:federal_register_of_legislation:F2018C00909:reg:6:p1
Version: federal_register_of_legislation:F2018C00909
Segment Type: reg
Provision Reference: reg 6 (pt 1/2)
Character Range: 9406–12103

6  Extended Eligibility for Residential Care (including Residential Care (Respite)), Respite Care and non-subsidised residential care (respite)

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

    (2) A person who was a dependant of a veteran and who is, or was, 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)(c) of the VEA.  It is necessary for this provision to also cover members/former members who are former dependants of veterans because paragraph 88A(1)(d) of the VEA, the provision that could cover such members/former members, only applies if the person is not covered under another paragraph of section 88A and members/former members who were dependants of veterans would be covered by paragraph 88A(1)(c).

     Note (2) a person who was the dependant of a veteran includes a child of the veteran who has turned 16 and is not under 25 and in full-time education.

    (3) A member or former member, being a person who is not a veteran, a dependant of a veteran or former dependant of 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)(d) of the VEA.

    (4) A person who is a dependant of a veteran, member or former member, being a dependant included in the class of person specified in Part AA, is eligible to be provided with the kind of treatment for that person specified in Part B.

    Note: although dependants are eligible for the kind of treatment in Part B (as distinct from how the treatment is applied) without the need for this instrument, that eligibility is for the application of that kind of treatment to an injury or disease.  This instrument extends that eligibility to eligibility for the application of the treatment to a condition that is not an injury or disease e.g. a condition due to the effects of ageing.

Part A – Class of Person

    A person eligible for treatment under the VEA or MRCA in respect of:

       (a) a war-caused injury or a war-caused disease; or

       (b) a defence-caused injury or a defence-caused disease; or

       (c) a service injury or disease; or

       (d) malignant neoplasia; or

       (e) pulmonary tuberculosis; or

       (f) a mental health condition.

  Part AA – Class of Person

    A dependant of a veteran under the VEA or a dependant of a member or former member under the