Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 917C

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).