Veterans' Affairs Legislation Amendment (Budget Measures) Act 2017 (59 of 2017)

Schedule 1   Australian participants in British nuclear tests and British Commonwealth Occupation Force

Part 1   Main amendments

Australian Participants in British Nuclear Tests (Treatment) Act 2006

13   After Part 3

Insert:

Part 3A - Pharmaceutical supplement

23A Simplified outline

A person is eligible for pharmaceutical supplement if the person is eligible to be provided with treatment under this Act. However, pharmaceutical supplement is not payable in some circumstances.

23B Eligibility for pharmaceutical supplement

A person is eligible for pharmaceutical supplement under this section if the person is eligible to be provided with treatment under this Act.

Note: Section 23C sets out some circumstances when pharmaceutical supplement is not payable.

23C Pharmaceutical supplement not payable in some circumstances

People leaving Australia otherwise than temporarily

(1) A person who leaves Australia otherwise than temporarily is not eligible for pharmaceutical supplement under section 23B after the day on which he or she left Australia.

Temporary absence from Australia

(2) A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for pharmaceutical supplement under section 23B after the first 26 weeks of the absence.

When a person becomes eligible for pharmaceutical supplement after leaving Australia

(3) The person mentioned in subsections (1) and (2) again becomes eligible to receive pharmaceutical supplement under section 23B on the later of the following days:

(a) the day on which the person returns to Australia;

(b) the day on which the person notifies the Commission of his or her return to Australia.

When pharmaceutical supplement is not payable

(4) Even though a person is eligible for pharmaceutical supplement under section 23B, the supplement is not payable to the person if:

(a) he or she is receiving veterans supplement under section 118A of the Veterans' Entitlements Act 1986; or

(b) he or she is receiving MRCA supplement under section 300 of the Military Rehabilitation and Compensation Act 2004; or

(c) he or she is receiving a pharmaceutical allowance under the Social Security Act 1991; or

(d) he or she is a wholly dependent partner of a deceased member (within the meaning of the Military Rehabilitation and Compensation Act 2004); or

(e) he or she is receiving a social security payment (within the meaning of the Social Security Act 1991) for which a pension supplement amount (within the meaning of that Act) is used to work out the rate of the payment; or

(f) he or she is receiving a pension under Part II or IV of the Veterans' Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act; or

(g) he or she is receiving a service pension (within the meaning of the Veterans' Entitlements Act 1986).

23D Rate of pharmaceutical supplement

The rate of pharmaceutical supplement that is payable under section 23B is the rate of veterans supplement that is payable from time to time under section 118C of the Veterans' Entitlements Act 1986.

23E Payment of pharmaceutical supplement

A person's pharmaceutical supplement under section 23B is payable on each pension payday (within the meaning of subsection 5Q(1) of the Veterans' Entitlements Act 1986) on which:

(a) the person is eligible for the pharmaceutical supplement; and

(b) the pharmaceutical supplement is payable to the person.