Document ID: chunk:federal_register_of_legislation:F2024N00985:clause:1_56:p1
Version: federal_register_of_legislation:F2024N00985
Segment Type: clause
Provision Reference: sch 1 cl 56 (pt 1/3)
Character Range: 111598–114656

56  Claiming Maintenance and Relocated maintenance items
     (1)        Maintenance items (with exceptions of 711 and 722) cannot be claimed earlier than 12 months after the date of fitting for Initial Fitting and Refitting items.
     (2)        Standard Maintenance can only be claimed once every 12 months, with the exception of:
         (a)   Relocated Maintenance (items 711/722); and
         (b)   Private Device Maintenance (items 790/791).
     (3)        Clients must not sign a Maintenance Agreement or pay their Maintenance Co-Payment more than 45 days before the date on which Maintenance services commence.
     (4)        The date of service is
         (a)   the anniversary date of the last agreement, if the client signed and dated the Maintenance Agreement on or before 45 days of the anniversary date of the last agreement; or
         (b)   the date the client signed and dated the Maintenance Agreement after the anniversary date of the last agreement or where the client had no previous Maintenance Agreement.
     (5)        Where the client has agreed to enter into a Maintenance Agreement, (maintenance items 700/710) may be claimed on or after:
         (a)   the anniversary of the Initial Fitting (items 630, 631, 635, 636, 640, 641, 650, 651, 655, 656, 660, 661), or
         (b)   the anniversary of the Refitting (items 820, 821, 825, 826, 830, 831), or
         (c)    the anniversary of an item 790/791 claim for a private device, or
         (d)   the anniversary of Maintenance items 700/710.
     (6)        Where a client has previously been fitted with a device through the program and wishes to purchase private devices and bring them onto the program, providers may claim Maintenance (items 700/710) if:
         (a)   the client has an expired Maintenance Agreement and signs a new agreement; and
         (b)   the private device will be the primary device; and
         (c)    the private device is on a Schedule of Approved Devices.
     (7)        For Initial Fitting Maintenance services
         (a)   If the client does not accept a Maintenance Agreement, an Initial Fitting (no Maintenance Agreement) item must be claimed. Standard consumer protections, including warranties and returns apply.
         (b)   If the client agrees to enter into a Maintenance Agreement, the Initial Fitting with Maintenance Agreement item must be claimed (items 630, 631, 635, 636, 640, 641) which includes device maintenance and batteries for 12 months from the date of fitting.
     (8)        For Subsequent Initial Fitting Maintenance services
         (a)   If the client is on a current Maintenance Agreement, a Subsequent Initial Fitting with Maintenance Agreement item must be claimed. After the expiry date of the existing Maintenance Agreement, item 710 can be claimed, providing the client is using both devices, and the client agrees to enter into another Maintenance Agreement.
         (b)   If the client does not have a current Maintenance Agreement, and does not accept a Maintenance Agreement, a Subsequent