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TREATMENT BENEFITS (SPECIAL ACCESS) ACT 2019 - SECT 29

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   28 after the day on which the person 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   28 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   28 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 the person's return to Australia.

When pharmaceutical supplement is not payable

  (4)   Even though a person is eligible for pharmaceutical supplement under section   28, the supplement is not payable to the person if:

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

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

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

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

  (e)   the person 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)   the person 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)   the person is receiving a service pension (within the meaning of the Veterans' Entitlements Act 1986 ); or

  (h)   the person is receiving a veteran payment made under an instrument made under section   45SB of the Veterans' Entitlements Act 1986 ; or

  (i)   the person is receiving pharmaceutical supplement under Part   3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 .



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