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SOCIAL SECURITY ACT 1991 - SECT 917B

Qualification for essential medical equipment payment

             (1)  A person (the claimant ) is qualified for an essential medical equipment payment for an income year if:

                     (a)  the Secretary is satisfied that the claimant satisfies each of the following on the EMEP test day:

                              (i)  the medical needs requirement in section 917C;

                             (ii)  the concession card requirement in section 917D;

                            (iii)  the energy account requirement in section 917E; and

                     (b)  a medical practitioner has (subject to subsection (2)) certified that:

                              (i)  the claimant meets the medical needs requirement under subsection 917C(1) on a day; or

                             (ii)  another specified person meets the medical needs requirement under subsection 917C(1) on a day;

                            (as the case requires); and

                     (c)  the claimant is not prevented from receiving an essential medical equipment payment by section 917F; and

                     (d)  the claimant is not a dependent child of another person on the EMEP test day; and

                     (e)  the claimant is in Australia on the EMEP test day.

             (2)  Paragraph (1)(b) does not apply if the Secretary is otherwise satisfied that the claimant or another specified person meets the medical needs requirement in section 917C.

Meaning of EMEP test day

             (3)  For the purposes of subsection (1), the EMEP test day is either:

                     (a)  the day in the income year referred to in subsection (1) on which the claimant makes the claim for the payment; or

                     (b)  an anniversary (in the income year referred to in subsection (1)) of the day on which the claimant made a claim for the payment if:

                              (i)  the claimant made the claim in a previous income year; and

                             (ii)  since the claimant made the claim, the Secretary has not determined that the claimant has ceased to be qualified for the payment.

Note 1:       Under section 11 of the Administration Act, a person is required to make a claim for a social security payment.

Note 2:       For additional rules relating to the claim, see section 19 of the Administration Act.

Determining qualification for later income years

             (4)  In determining whether a person is qualified for an essential medical equipment payment for an income year after the income year in which the claim for the payment is made, the Secretary:

                     (a)  may act on the basis of the documents and information in his or her possession; and

                     (b)  is not required to conduct any inquiries or investigations into the matter or to require (whether under this Act or otherwise) the giving of any information or the production of any document.

             (5)  Despite subsection (4), the Secretary may require a further certification for the purposes of paragraph (1)(b), or further information or a further document for the purposes of subsection (2), in an income year after the income year in which the claim is made.



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