Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1993 No. 61, 1993 - SECT 11

11. After Chapter 2 of the Principal Act the following Chapter is inserted:
        "CHAPTER 2A-BENEFITS AND CONCESSIONS OTHER THAN PAYMENTS


"PART 2A.1-SENIORS HEALTH CARD

"Division 1-Qualification for and entitlement to a seniors health card

"Subdivision A-Qualification Qualification for seniors health card Women who
have reached 60 and men who have reached 65

"1061ZA.(1) A person is qualified for a seniors health card if the person:

   (a)  has reached:

        (i)    if the person is a woman-60; or

        (ii)   if the person is a man-65; and

   (b)  is an Australian resident; and

   (c)  is in Australia; and

   (d)  satisfies the seniors health card ordinary income test; and

   (e)  is not receiving a social security pension or benefit; and

   (f)  is not receiving a service pension. Note 1: For 'Australian resident'
        see subsections 7(2) and (3). Note 2: For 'seniors health card
        ordinary income test' see section 1071. Women who have not reached 60
        and men who have not reached 65

"(2) A person is qualified for a seniors health card if the person:

   (a)  has reached:

        (i)    if the person is a woman-55 but not 60; or

        (ii)   if the person is a man-60 but not 65; and

   (b)  is an Australian resident as defined in section 5G of the Veterans'
        Entitlement Act; and

   (c)  is in Australia; and

   (d)  satisfies the seniors health card ordinary income test; and

   (e)  either:

        (i)    is eligible for an age service pension under Part 3 of the
               Veterans' Entitlements Act; or

        (ii)   would be eligible for such a pension if the person had been an
               Australian resident as defined in section 5G of that Act for a
               continuous period of at least 10 years; and

   (f)  is not receiving a social security pension or benefit; and

   (g)  is not receiving a service pension. Note 1: For 'seniors health card
        ordinary income test' see section 1071. Note 2: Section 36 of the
        Veterans' Entitlements Act deals with eligibility for an age service
        pension.
                         "Subdivision B-Entitlement
Entitlement to a seniors health card

"1061ZB. Even though a person is qualified for a seniors health card, benefits
and concessions of various kinds relating to the person's health may be made
available to the person by the Commonwealth only if the person is the holder
of a seniors health card. Note 1: If there is a determination in force that a
person is entitled to a seniors health card, the person is the holder of a
seniors health card. For 'holder of a seniors health card' see section 6A.
Note 2: A person who is the holder of a seniors health card generally has
access to concessional pharmaceutical benefits under the National Health Act 
1953 and hearing aid concessions under the Hearing Services Act 1991.
                  "Division 2-Claim for seniors health card
Need for a claim

"1061ZC.(1) A person who wants to be granted a seniors health card must make a
proper claim.

"(2) For the purposes of subsection (1), if:

   (a)  a claim is made by or on behalf of a person; and

   (b)  at the time when the claim is made, a determination that the person is
        entitled to a seniors health card cannot be made because the person is
        not qualified for that card; the claim is taken not to have been made.
        Note: For 'proper claim' see section 1061ZD (form), section 1061ZE
        (manner of lodgment) andsection 1061ZF (residence/presence in
        Australia). Form of claim

"1061ZD. To be a proper claim, a claim must be made in writing and must be in
accordance with a form approved by the Secretary. Lodgment of claim

"1061ZE.(1) To be a proper claim, a claim must be lodged:

   (a)  at an office of the Department; or

   (b)  at a place approved for the purpose by the Secretary; or

   (c)  with a person approved for the purpose by the Secretary.

"(2) A place or person approved under subsection (1) must be a place or person
in Australia. Claimant must be an Australian resident and in Australia

"1061ZF. A claim by a person is not a proper claim unless the person is:

   (a)  an Australian resident; and

   (b)  in Australia; on the day on which the claim is lodged. Note: For
        'Australian resident' see subsections 7(2) and (3). Claim may be
        withdrawn

"1061ZG.(1) A claimant for a seniors health card or a person on behalf of a
claimant may withdraw a claim that has not been determined.

"(2) A claim that is withdrawn is taken to have not been made.

"(3) A withdrawal may be made orally or in writing.

"Division 3-Determination of entitlement Secretary to determine claim

"1061ZH. The Secretary must, in accordance with this Act, determine the claim.
Entitlement determination

"1061ZI. If the Secretary is satisfied that a claimant is qualified for a
seniors health card, the Secretary is to determine that the claimant is
entitled to the card. Date of effect of determination

"1061ZJ.(1) Subject to subsections (2), (3) and (4), a determination under
section 1061ZI takes effect on the day on which the determination is made or
on such later day or earlier day as is specified in the determination.
Notified decision-review sought within 3 months

"(2) If:

   (a)  a decision (the 'previous decision') is made that a person is not
        entitled to a seniors health card; and

   (b)  a notice is given to the person advising the person of the making of
        the previous decision; and

   (c)  the person applies to the Secretary under section 1240, within 3
        months after the notice is given, for review of the previous decision;
        and

   (d)  a determination that the person is entitled to a seniors health card
        is made as a result of the claim for review;
the determination takes effect on the day on which the previous decision took
effect. Notified decision-review sought after 3 months

"(3) If:

   (a)  a decision (the 'previous decision') is made that a person is not
        entitled to a seniors health card; and

   (b)  a notice is given to the person advising the person of the making of
        the previous decision; and

   (c)  the person applies to the Secretary under section 1240, more than 3
        months after the notice is given, for review of the previous decision;
        and

   (d)  a determination that the person is entitled to a seniors health card
        is made as a result of the claim for review; the determination takes
        effect on the day on which the person sought the review. Decision not
        notified

"(4) If:

   (a)  a decision (the 'previous decision') is made that a person is not
        entitled to a seniors health card; and

   (b)  no notice is given to the person advising the person of the making of
        the previous decision; and

   (c)  the person applies to the Secretary under section 1240, more than 3
        months after the notice is given, for review of the previous decision;
        and

   (d)  a determination that the person is entitled to a seniors health card
        is made as a result of the claim for review; the determination takes
        effect on the day on which the previous decision took effect.

"Division 4-Cardholder's obligations Secretary may require notice of the
happening of event or a change in circumstances

"1061ZK.(1) The Secretary may give a person who is the holder of a seniors
health card a notice that requires the person to inform the Department if:

   (a)  a specified event or change of circumstances occurs; or

   (b)  the person becomes aware that a specified event or change of
        circumstances is likely to occur. Note: For 'holder of a seniors
        health card' see section 6A.

"(2) An event or change of circumstances is not to be specified in a notice
under subsection (1) unless the occurrence of the event or change of
circumstances might affect the person's qualification for the card.

"(3) A notice under subsection (1):

   (a)  must be in writing; and

   (b)  may be given personally or by post; and

   (c)  must specify how the person is to give the information to the
        Department; and

   (d)  must specify the period within which the person is to give the
        information to the Department; and

   (e)  must specify that the notice is a recipient notification notice given
        under this Act.

"(4) The period specified under paragraph (3)(d) must end at least 14 days
after:

   (a)  the day on which the event or change of circumstances occurs; or

   (b)  the day on which the person becomes aware that the event or change of
        circumstances is likely to occur.

"(5) A person must not, without reasonable excuse, refuse or fail to comply
with a notice under subsection (1) to the extent that the person is capable of
complying with the notice. Penalty: Imprisonment for 6 months. Note:
Subsections 4B(2) and (3) of the Crimes Act 1914 allow a court to impose an
appropriate fine instead of, or in addition to, a term of imprisonment.

"(6) This section extends to:

   (a)  acts, omissions, matters and things outside Australia whether or not
        in a foreign country; and

   (b)  all persons irrespective of their nationality or citizenship.
        Secretary may require particular information relevant to qualification
        for seniors health card

"1061ZL.(1) The Secretary may give a person who is the holder of a seniors
health card a notice that requires the person to give the Department a
statement about a matter that might affect the person's qualification for the
card. Note: For 'holder of a seniors health card' see section 6A.

"(2) A notice under subsection (1):

   (a)  must be in writing; and

   (b)  may be given personally or by post; and

   (c)  must specify how the statement is to be given to the Department; and

   (d)  must specify the period within which the person is to give the
        statement to the Department; and

   (e)  must specify that the notice is a recipient statement notice given
        under this Act.

"(3) The period specified under paragraph (2)(d) must end at least 14 days
after the day on which the notice is given.

"(4) A statement given in response to a notice under subsection (1) must be in
writing and in accordance with a form approved by the Secretary.

"(5) A person must not, without reasonable excuse, refuse or fail to comply
with a notice under subsection (1) to the extent that the person is capable of
complying with the notice. Penalty: Imprisonment for 6 months. Note:
Subsections 4B(2) and (3) of the Crimes Act 1914 allow a court to impose an
appropriate fine instead of, or in addition to, a term of imprisonment.

"(6) This section extends to:

   (a)  acts, omissions, matters and things outside Australia whether or not
        in a foreign country; and

   (b)  all persons irrespective of their nationality or citizenship.

"Division 5-Continuation, variation and termination Continuing effect of
determination

"1061ZM. A determination that a person is entitled to a seniors health card
continues in effect until:

   (a)  the person ceases to be entitled to the card under section 1061ZN or
        1061ZO; or

   (b)  a further determination under section 1061ZQ or 1061ZR has taken
        effect. Person ceases to be entitled to card automatically-recipient
        complying with section 1061ZK notification obligations

"1061ZN. If:

   (a)  a person who is the holder of a seniors health card is given a notice
        under section 1061ZK; and

   (b)  the notice requires the person to inform the Department of the
        occurrence of an event or change in circumstances with a specified
        period (the 'notification period'); and

   (c)  the event or change in circumstances occurs; and

   (d)  the person informs the Department of the occurrence of the event or
        change in circumstances within the notification period in accordance
        with the notice; and

   (e)  because of the occurrence of the event or change in circumstances the
        person ceases to be qualified for the card; and

   (f)  a determination is not made that the person ceases to be entitled to
        the card before the end of the notification period; the person
        continues to be entitled to the card until the end of the notification
        period and the person then ceases to be entitled to the card. Note:
        For 'holder of a seniors health card' see section 6A. Person ceases to
        be entitled to card automatically-recipient not complying with section
        1061ZK notification obligations

"1061ZO. If:

   (a)  a person who is the holder of a seniors health card is given a notice
        under section 1061ZK; and

   (b)  the notice requires the person to inform the Department of the
        occurrence of an event or change in circumstances within a specified
        period (the 'notification period'); and

   (c)  the event or change in circumstances occurs; and

   (d)  the person does not inform the Department of the occurrence of the
        event or change in circumstances within the notification period in
        accordance with the notice; and

   (e)  because of the occurrence of the event or the change in circumstances
        the person ceases to be qualified for the card; the person ceases to
        be entitled to the card immediately after the day on which the event
        or change in circumstances occurs. Note: For 'holder of a seniors
        health card' see section 6A. Person ceases to be entitled to card
        automatically-given effect to by computer

"1061ZP. If:

   (a)  a person is entitled to a seniors health card on the basis of data in
        a computer; and

   (b)  the person ceases to be entitled automatically to the card by the
        operation of section 1061ZN or 1061ZO; and

   (c)  the automatic cessation is given effect to by the operation of a
        computer program approved by the Secretary; there is taken to be a
        decision by the Secretary that section 1061ZN or 1061ZO applies to the
        person. Note: The decision that is taken to have been made is a
        decision of an officer for the purposes of review by the Secretary
        (see section 1239 and 1240) and the Social Security Appeals Tribunal
        (see section 1247). Determination that a person ceases to be entitled
        to a seniors health card

"1061ZQ. If the Secretary is satisfied that a person is, or was, the holder of
a seniors health card when the person is not, or was not, qualified for the
card, the Secretary is to determine that the person ceases to be entitled to
the card. Note 1: For 'holder of a seniors health card' see section 6A. Note
2: A determination under this section is not necessary in a case where an
automatic disqualification is produced by section 1061ZN or 1061ZO. Note 3:
For the date of effect of a determination under this section see section
1061ZV. Person may cease to be entitled to a seniors health card for failure
to comply with section 1061ZL notice

"1061ZR. If:

   (a)  a person who is the holder of a seniors health card is given a notice
        under section 1061ZL; and

   (b)  the person does not comply with the requirements set out in the
        notice;
the Secretary may determine that the person ceases to be entitled to the card.
Note 1: For 'holder of a seniors health card' see section 6A. Note 2: This
section will not apply in a case where section 1061ZQ applies. Note 3: For the
date of effect of a determination under this section see section 1061ZV.
Changes to a person's entitlement to a seniors health card by computer

"1061ZS. If:

   (a)  a person is entitled to a seniors health card on the basis of data in
        a computer; and

   (b)  the person ceases to be entitled to the card because of the operation
        of a computer program approved by the Secretary; and

   (c)  the program causes the change for a reason for which the Secretary
        could determine the change; the change is taken to have been made
        because of a determination by the Secretary for that reason. Note: The
        determination that is taken to have been made is a decision of an
        officer for the purposes of review by the Secretary (see sections 1239
        and 1240) and the Social Security Appeals Tribunal (see section 1247).
        Resumption of entitlement

"1061ZT.(1) If the Secretary:

   (a)  determines that a person ceases to be entitled to a seniors health
        card under section 1061ZQ or 1061ZR; and

   (b)  reconsiders that decision; and

   (c)  becomes satisfied that because of that decision:

        (i)    the person was not entitled to a seniors health card when in
               fact the person was entitled to the card; or

        (ii)   the person is not entitled to a seniors health card when in
               fact the person is entitled to the card; the Secretary is to
               determine that the person was or is entitled to the card.

"(2) The reconsideration referred to in paragraph (1)(b) might be a
reconsideration on a claim under section 1240 for review or a reconsideration
on the Secretary's own initiative. Note: For the date of effect of a
determination under this section see section 1061ZU. Date of effect of
favourable determination

"1061ZU.(1) The day on which a determination under section 1061ZT (the
'favourable determination') takes effect is worked out in accordance with this
section.
Notified decision-review sought within 3 months   "(2) If:


   (a)  a decision (the 'previous decision') is made in relation to a person's
        entitlement to a seniors health card; and

   (b)  a notice is given to the person advising the person of the making of
        the previous decision; and

   (c)  the person applies to the Secretary under section 1240, within 3
        months after the notice is given, for review of the previous decision;
        and

   (d)  the favourable determination is made as a result of the claim for
        review; the determination takes effect on the day on which the
        previous decision took effect. Notified decision-review sought after 3
        months

"(3) If:

   (a)  a decision (the 'previous decision') is made in relation to a person's
        entitlement to a seniors health card; and

   (b)  a notice is given to the person advising the person of the making of
        the previous decision; and

   (c)  the person applies to the Secretary under section 1240, more than 3
        months after the notice is given, for review of the previous decision;
        and

   (d)  the favourable determination is made as a result of the claim for
        review; the determination takes effect on the day on which the person
        sought the review. Decision not notified

"(4) If:

   (a)  a decision (the 'previous decision') is made in relation to a person's
        entitlement to a seniors health card; and

   (b)  no notice is given to the person advising the person of the making of
        the previous decision; and

   (c)  the person applies to the Secretary under section 1240, more than 3
        months after the notice is given, for review of the previous decision;
        and

   (d)  the favourable determination is made as a result of the claim for
        review; the determination takes effect on the day on which the
        previous decision took effect. Date of effect of adverse determination

"1061ZV.(1) The day on which a determination under section 1061ZQ or 1061ZR
(the 'adverse determination') takes effect is worked out in accordance with
this section.

"(2) The adverse determination takes effect on:

   (a)  the day on which the determination is made; or

   (b)  if another day is specified in the determination-on that day.

"(3) Subject to subsections (4) and (5), the day specified under paragraph
(2)(b) must be later than the day on which the determination is made.
Contravention of Act

"(4) If:

   (a)  the person's entitlement to a seniors health card is affected by the
        adverse determination and the person has contravened a provision of
        this Act (other than section 1061ZL, 1306 or 1307); and

   (b)  the contravention causes a delay in making the determination; the day
        specified under paragraph (2)(b) may be earlier than the day on which
        the determination is made. False statement or misrepresentation

"(5) If:

   (a)  a person has made a false statement or misrepresentation; and

   (b)  because of the false statement or misrepresentation, the person became
        the holder of a seniors health card when in fact the person was not
        qualified for the card; the day specified under paragraph (2)(b) may
        be earlier than the day on which the determination is made.".