Commonwealth Coat of Arms of Australia

 

Continence Aids Payment Scheme Amendment (Eligibility) Instrument 2022

I, Anika Wells, Minister for Aged Care, make the following instrument.

Dated    28 September 2022

Anika Wells

Minister for Aged Care

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Continence Aids Payment Scheme 2020

1  Name

  This instrument is the Continence Aids Payment Scheme Amendment (Eligibility) Instrument 2022.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

1 October 2022.

1 October 2022

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under section 12 of the National Health Act 1953.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

 

Continence Aids Payment Scheme 2020

1  Subsection 4(1)

Insert:

residential care has the same meaning as in the Aged Care Act 1997.

residential care service has the same meaning as in the Aged Care Act 1997.

respite care has the same meaning as in the Aged Care Act 1997.

2  Subparagraph 5(2)(c)(i)

Repeal the subparagraph, substitute:

 (i) who are being provided with residential care through a residential care service (other than residential care provided as respite care); or

3  Paragraph 5(2)(c) (note)

Repeal the note.

4  Subsection 7(1) (example)

Omit “a high level of residential care in a residential care facility: see subparagraph 5(2)(c)(i)”, substitute “residential care through a residential care service (other than residential care provided as respite care) or a home care package that includes continence aids: see paragraph 5(2)(c)”.

5  After Part 5

Insert:

Part 6Application, transitional and saving provisions

27  Application of the Continence Aids Payment Scheme Amendment (Eligibility) Instrument 2022

 (1) This section applies in relation to a person who was, immediately before 1 October 2022, eligible to participate in the Scheme.

 (2) Despite the amendments made by Schedule 1 to the Continence Aids Payment Scheme Amendment (Eligibility) Instrument 2022, this instrument, as in force immediately before 1 October 2022, continues to apply to the person until the end of 30 June 2023.


6  Part 1 of the Schedule

Omit:

 

Smooth Muscle MyopathySphincter Deficiency (anal or bladder)

 

substitute:

 

Smooth Muscle Myopathy

Sphincter Deficiency (anal or bladder)