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Dental Benefits Bill 2008

Part 4 Dental benefits vouchers

Division 1 Introduction

22   Simplified outline

                   The following is a simplified outline of this Part:

•      This Part sets up a framework for the issuing of vouchers in relation to a dental service to persons who qualify for a voucher.

•      A person qualifies for a voucher for a calendar year if he or she is aged between 12 and 18 years at any time during the calendar year, is an eligible person and satisfies the means test.

•      The Dental Benefit Rules may also provide that an eligible person qualifies for a voucher for a calendar year.

•      The Medicare Australia CEO must issue a voucher to a person if the person qualifies for the voucher on or before 31 October in a calendar year.

•      A person who qualifies for a voucher may request the Medicare Australia CEO to issue the voucher.

•      Unless the Dental Benefit Rules provide otherwise:

               (a)     only one voucher may be issued in relation to a dental service in respect of a person for a calendar year; and

              (b)     a voucher for a calendar year remains in effect until the end of the calendar year.



 

Division 2 Qualification for vouchers

23   Qualification for a voucher—teenagers

Section applies to certain teenagers

             (1)  This section applies to a person, in relation to a calendar year, if:

                     (a)  the person is aged at least 12 years but is aged under 18 years on 1 January in the calendar year; or

                     (b)  the person will, in the ordinary course of events, reach the age of 12 years at any time during the calendar year.

Point in time at which person qualifies for a voucher

             (2)  The person qualifies for a voucher for the calendar year, in relation to a dental service specified in the Dental Benefits Rules for the purposes of this section, at the first time in the calendar year when:

                     (a)  the person is an eligible person; and

                     (b)  the person satisfies the means test set out in section 24.

24   When a person satisfies the means test

Basic rule

             (1)  For the purposes of section 23, a person satisfies the means test at a particular time if, at that time:

                     (a)  the person is receiving a payment under the ABSTUDY scheme, or another person is receiving such a payment in respect of the person; or

                     (b)  the person is receiving youth allowance; or

                     (c)  the person is an FTB(A) teenager; or

                     (d)  the person is included in a class of persons specified in the Dental Benefits Rules as satisfying the means test for the purposes of this paragraph.

When a person is an FTB(A) teenager

             (2)  For the purposes of this section, a person (the teenager ) is an FTB(A) teenager at a particular time if, at that time:

                     (a)  there is in force a section 16 determination that the teenager, or the teenager’s partner, is entitled to be paid family tax benefit at a Part A rate that is greater than nil; or

                     (b)  there is in force a section 16 determination that an FTB recipient in relation to the teenager is entitled to be paid family tax benefit in respect of the teenager at a Part A rate that is greater than nil; or

                     (c)  the teenager, or the teenager’s partner, has received an FTB lump sum payment in respect of the last income year ending before the start of the calendar year during which the time occurs; or

                     (d)  an FTB recipient in relation to the teenager has received an FTB lump sum payment that is:

                              (i)  in respect of the teenager; and

                             (ii)  in respect of the last income year ending before the start of the calendar year during which the time occurs; or

                     (e)  the teenager is included in a class of person specified in the Dental Benefits Rules to be an FTB(A) teenager for the purposes of this paragraph.

Definitions

             (3)  In this section:

approved care organisation has the same meaning as in the A New Tax System (Family Assistance) Act 1999.

FTB child , in relation to family tax benefit, has the same meaning as in the A New Tax System (Family Assistance) Act 1999.

FTB lump sum payment means a payment of family tax benefit under section 24 of the A New Tax System (Family Assistance) (Administration) Act 1999 that has a Part A rate that is greater than nil.

FTB recipient , in relation to a teenager, means:

                     (a)  a person of whom the teenager is an FTB child in relation to family tax benefit; or

                     (b)  an approved care organisation of which the teenager is a client (within the meaning of the A New Tax System (Family Assistance) Act 1999 ).

income year has the same meaning as in subsection 3(1) of the A New Tax System (Family Assistance) Act 1999 .

Part A rate means the Part A rate calculated under the A New Tax System (Family Assistance) Act 1999 .

partner has the same meaning as in the A New Tax System (Family Assistance) Act 1999.

receive :

                     (a)  in relation to a payment under the ABSTUDY scheme—has the meaning given by subsection (4); and

                     (b)  in relation to youth allowance—has the same meaning as in section 23 of the Social Security Act 1991 .

section 16 determination means a determination under section 16 of the A New Tax System (Family Assistance) (Administration) Act 1999.

When a person is receiving ABSTUDY

             (4)  For the purposes of this section, a person is taken to be receiving a payment under the ABSTUDY scheme:

                     (a)  from the earliest day on which the payment is payable to the person, even if an instalment of the payment, or the payment, it is not paid until a later day; and

                     (b)  until the latest day on which the payment is payable to the person, even if the last instalment of the payment, or the payment, is not paid until a later day.

25   Dental Benefits Rules must specify certain matters

             (1)  Dental Benefits Rules made for the purposes of paragraph 24(1)(d) must specify the time, or how to work out the time, at which a person satisfies the means test for the purposes of the paragraph.

             (2)  Dental Benefits Rules made for the purposes of paragraph 24(2)(e) must specify the time, or how to work out the time at which, a person is an FTB(A) teenager for the purposes of the paragraph.

26   Qualification for a voucher—other persons

                   The Dental Benefits Rules may provide that each eligible person included in a specified class of eligible persons qualifies for a voucher for a calendar year in relation to a specified dental service.



 

Division 3 Issue of vouchers and other matters

27   Medicare Australia CEO must issue vouchers

Persons who qualify on or before 31 October

             (1)  The Medicare Australia CEO must issue a voucher for a calendar year in respect of a person, in relation to a dental service, if:

                     (a)  the person qualifies for the voucher on or before whichever of the following dates is applicable:

                              (i)  31 October in the calendar year;

                             (ii)  if an earlier or later date in the calendar year is specified in the Dental Benefits Rules for the purposes of this paragraph—the specified date; and

                     (b)  subject to subsection (5), the Medicare Australia CEO has not already issued a voucher for the calendar year in respect of the person in relation to the dental service.

Persons who request a voucher

             (2)  The Medicare Australia CEO must issue a voucher for a calendar year in respect of a person, in relation to a dental service, if:

                     (a)  the person qualifies for the voucher; and

                     (b)  the Medicare Australia CEO is requested by or on behalf of the person to issue the voucher; and

                     (c)  subject to subsection (5), the Medicare Australia CEO has not already issued a voucher for the calendar year in respect of the person in relation to the dental service.

Timing and form of a request

             (3)  A request under subsection (2):

                     (a)  must be made not later than 15 days, or such other number of days as is specified in the Dental Benefits Rules for the purposes of this paragraph, before the end of the calendar year; and

                     (b)  must be in the approved form.

Voucher to be issued as soon as reasonably practicable

             (4)  The Medicare Australia CEO must issue a voucher under subsection (1) or (2) as soon as reasonably practicable after the person qualifies for the voucher or the request for the voucher is made, as the case requires.

Exception to the one voucher per year rule

             (5)  The Dental Benefits Rules may specify circumstances in which more than one voucher in relation to a dental service, may be issued in respect of a person for a calendar year.

When voucher is not required to be issued

             (6)  This section has effect subject to sections 28 and 29.

28   When voucher is not required to be issued—person dies

                   Despite section 27, if:

                     (a)  a person qualifies for a voucher for a calendar year; and

                     (b)  the person dies before the Medicare Australia CEO issues the voucher for the calendar year in respect of the person;

the Medicare Australia CEO is not required to issue the voucher.

29   When voucher is not required to be issued—circumstances specified in the Dental Benefit Rules

                   The Dental Benefit Rules may specify circumstances in which the Medicare Australia CEO is not required to issue a voucher for a calendar year in respect of a person who qualifies for the voucher.

30  Voucher must specify dental service

                   A voucher must specify the dental service to which it relates.

31   Voucher remains in effect until the end of a calendar year

                   A voucher for a calendar year takes effect on the day on which it is issued and remains in effect until the end of the calendar year, unless the Dental Benefits Rules provide for a different period of effect.

32   Dental Benefits Rules may provide for other matters

                   The Dental Benefits Rules may provide for the following:

                     (a)  matters relating to requests for vouchers;

                     (b)  altering the period of effect of vouchers;

                     (c)  the persons to whom vouchers are to be issued;

                     (d)  lost vouchers.