Hi Vern,
This is a little long winded, but I beleive it answers many questions.
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Australian Veteran's Gold Card
There are four levels of treatment that may be provided:
o under Part V treatment may be provided:
o for any injury suffered or disease contracted regardless of when the
injury or disease was suffered or contracted. Eligible veterans or the
eligible dependant of a deceased veteran receive a Repatriation Health
Card - For All Conditions, better known as a Gold Card;
o for war or defence-caused injuries or diseases, or certain specified
conditions such as malignant neoplasia and post-traumatic stress
disorder. Eligible veterans receive a Repatriation Health Card - For
Specific Conditions, better known as a White Card;
o specified treatment to otherwise ineligible veterans, dependants or
former dependants for certain specified conditions. Eligible veterans
receive a White Card; and
o under Part VA of the VEA, Commonwealth and allied veterans and allied
mariners may receive pharmaceuticals through the Repatriation
Pharmaceutical Benefits Scheme. Eligible veterans and mariners receive
a Repatriation Pharmaceutical Benefits Card, better known as an Orange
Card. The Orange Card provides pharmaceuticals only and does not
provide eligibility for other treatment.
Background (Cont.)
Explanation of the Changes
These amendments to the VEA will extend eligibility for a Gold Card to
Australian veterans who are aged 70 or over and who have post-World War
2 qualifying service.
Definition of Veteran
`Veteran' is defined as follows in subsection 5C(1) of the VEA:
veteran means:
(a) a person (including a deceased person):
(i) who is, because of section 7, taken to have rendered eligible war
service; or
(ii) in respect of whom a pension is, or pensions are, payable under
subsection 13(6); and
(b) in Parts III and VIIC also includes a person who is:
(i) a Commonwealth veteran; or
(ii) an allied veteran; or
(iv) an allied mariner.
Only paragraph (a) of the definition applies to this measure because
paragraph
(b) of the definition, which provides for a Commonwealth or allied
veteran or an allied mariner, applies only to Parts III and VIIC of the
VEA, and this measure relates to Part V of the VEA.
Definition of Veteran (Cont.)
A `veteran', as defined in paragraph (a) of the definition in
subsection 5C(1), is a person with `eligible war service' or a person
in respect of whom a pension is, or pensions are, payable under
subsection 13(6) of the VEA. `Eligible war service' is achieved by
having `operational service'. `Operational service' for post World War
II periods is defined in sections 6C - 6F and applies only to members
of the Australian Defence Force or a member of a defence force of a
Commonwealth or allied country who was domiciled in Australia
immediately prior to their appointment or enlistment.
Veterans, covered by paragraph (a) of the definition in 5C(1), who may
now be eligible for a Gold Card are:
o members of the `Defence Force' of Australia; or
o a member of a defence force of a Commonwealth or allied country who
was domiciled in Australia or an external Territory immediately prior
to their appointment or enlistment.
Qualifying service
`Qualifying service' is defined in section 7A of the VEA. The major
test for qualifying service is that the veteran has, in operations
against the enemy, "incurred danger from hostile forces of the enemy".
This is an objective and not a subjective test.
If a person is determined not to have qualifying service, the person
has a right to request a review of the determination.
For such service to constitute post-World War 2 `qualifying service'
for the purposes of this measure, a person must meet the requirements
of either subparagraphs 7A(1)(a)(ii), (iii), or (iv) or paragraphs
7A(1)(b), (c) or (f) of the VEA.
It should be noted that, in relation to persons who served in a
Commonwealth or allied defence force as per paragraphs 7A(1)(b) or (c),
only those who were domiciled in Australia prior to their appointment
or enlistment are covered by this measure.
Some veterans will be automatically sent a Gold Card
Many veterans will not need to submit an application for a Gold Card.
The Department of Veterans' Affairs (the Department) will be able to
identify from its records, many veterans who will qualify by virtue of
their age and qualifying service and these veterans will automatically
be sent a Gold Card before 1 July 2002. (Although, the Gold Card and
subsequent eligibility for treatment will not commence until 1 July
2002.)
Application for Gold Card
Veterans not readily identifiable to the Department will be able to
complete a new application form for the Gold Card. If the Commission
has not already made a determination about whether or not the veteran
has qualifying service, then a determination will be made as a result
of this application.
Commencement Dates
It must be noted that, under no circumstances can a veteran become
eligible for treatment under new subsection 85(4B) before he or she
meets the criteria set out in paragraphs (a) and (b) of new subsection
85(4B). Nor can a veteran become eligible under new subsection 85(4B)
before 1 July 2002 as the Act will not commence until 1 July 2002.
For those eligible veterans who automatically receive a Gold Card in
the mail before 1 July 2002, their eligibility will commence on and
from 1 July 2002.
Eligible veterans who do not automatically receive a Gold Card and who
are or turn 70 before 1 July 2002 and who apply before 1 July 2002 will
be eligible from 1 July 2002.
Eligible veterans who do not automatically receive a Gold Card and who
are or turn 70 before 1 July 2002 and who apply after 1 July 2002 will
be eligible from the date their written application is received by the
Department.
For those eligible veterans who turn 70 after 1 July 2002, and who
apply before they turn 70, their eligibility will commence on and from
the date they turn 70.
Explanation of the Items
Item 1
Item 1 inserts new subsection 85(4B) after subsection 85(4A). New
subsection 85(4B) provides the new criteria under which full
Repatriation health care benefits may be granted to eligible veterans.
To be eligible under new subsection 85(4B) a person must be a
`veteran', as defined in paragraph (a) of the definition of `veteran'
in subsection 5C(1), must be aged 70 years or over and must have
qualifying service of a kind referred to in either subparagraphs
7A(1)(a)(ii), (iii) or (iv) or paragraphs 7A(1)(b), (c) or (f). These
subparagraphs and paragraphs contain post-World War 2 qualifying
service provisions.
Paragraph (c) of new subsection 85(4B) provides that a veteran's
eligibility for treatment cannot commence before either of the
following have occurred:
o the Department has notified the veteran, in writing, that he or she
is or will be eligible for such treatment; or
o the veteran has notified the Department in writing that he or she
seeks eligibility for such treatment.
Item 2
Item 2 provides that the notifications referred to in new subparagraphs
85(4B)(c)(i) or (ii) may be given before this Schedule commences. The
Schedule will commence on 1 July 2002.
The Note after this item goes on to explain that the notifications may
be issued before 1 July 2002 so that a veteran can be eligible for
treatment from the earliest possible date, being 1 July 2002. This will
ensure that administrative tasks, such as the determination of
applications, will not delay the commencement of a veteran's
eligibility for full Repatriation health care benefits. However, a
veteran must have first satisfied the criteria in new paragraphs
85(4B)(a) and (b), that is, be aged 70 years or over and have post
World War 2 qualifying service.
Where a veteran has been notified by the Department that they will be
eligible for a Gold Card from 1 July 2002, the veteran will become
eligible for treatment from 1 July 2002, the commencement date of the
Act, but not before.
Item 2 (Cont.)
No veteran can become eligible for treatment by virtue of this Act
before
1 July 2002. For example, a person who is aged 70 before 1 July 2002
and who notifies the Department in May 2002 that they seek eligibility
for treatment, cannot become eligible before this Act commences, the
earliest date being 1 July 2002, which is the commencement date of this
Act.
__________________________________________________________________
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Cheers,
Wes
That's over a hour trip on a good day - try it in the winter ... I have. You think that I get to pop in for a meal on a whim here? I do it (the drive) because it's my family member - that makes it worth it.
