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SOCIAL SECURITY ACT 1991 - SECT 917C

The medical needs requirement

Person who has medical needs

             (1)  A person satisfies the medical needs requirement on a day if:

                     (a)  the person has a medical condition on that day, and as a result:

                              (i)  the person requires the use of specified essential medical equipment in a residence (the EMEP residence ) that is the person's home and is either a private residence or a specified residence; and

                             (ii)  the person uses that equipment in that residence; or

                     (b)  the person has a specified medical condition on that day, and as a result:

                              (i)  the person is unable to regulate his or her body temperature; and

                             (ii)  additional heating or cooling is required, in a residence (the EMEP residence ) that is the person's home and is either a private residence or a specified residence, to manage the person's condition; and

                            (iii)  the person uses additional heating or cooling in that residence.

Caring for a person who has medical needs

             (2)  A person (the carer ) also satisfies the medical needs requirement on a day if:

                     (a)  the carer provides care and attention on a regular and ongoing basis for a person; and

                     (b)  the person (the person with medical needs ) satisfies the medical needs requirement under subsection (1) on the day; and

                     (c)  the person with medical needs is specified in the certification under subparagraph 917B(1)(b)(ii) or is the person specified for the purposes of subsection 917B(2) (as the case requires); and

                     (d)  the carer's home is the EMEP residence that is the home of the person with medical needs.

Legislative instrument

             (3)  The Minister may, by legislative instrument, specify:

                     (a)  essential medical equipment for the purposes of paragraph (1)(a); and

                     (b)  medical conditions for the purposes of paragraph (1)(b); and

                     (c)  residences for the purposes of paragraphs (1)(a) and (b).



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