Commonwealth Numbered Acts

SOCIAL WELFARE LEGISLATION (PHARMACEUTICAL BENEFITS) AMENDMENT ACT 1990 No. 84, 1990 - SECT 18

18. After Part VII of the Principal Act the following Part is inserted:
                "PART VIIA - PHARMACEUTICAL SUPPLEMENT
Interpretation

"118A. In this Part:
`advance pensioner A' means a person who is an eligible pensioner on 1
November 1990;
`advance pensioner B' means a person who:

   (a)  becomes an eligible pensioner after 1 November 1990 and before 1
        January 1992; and

   (b)  in the opinion of the Secretary has neither:

   (i)  liquid assets of more than $1,000; nor

   (ii) income, apart from payments under this Act or the Social Security Act
        1947, of more than $20 per fortnight;
`advance pharmaceutical supplement' means an advance pharmaceutical supplement
payable under section 118F, 118G and 118H;
`card pensioner' means a person to whom paragraph (b) or (ba) of the
definition of `pensioner' in subsection 4 (1) of the National Health Act 1953
applies;
`continuing advance pensioner A' means an advance pensioner A who, in the
opinion of the Secretary has neither:

   (a)  liquid assets of more than $1,000; nor

   (b)  income, apart from payments under this Act or the Social Security Act
        1947, of more than $20 per fortnight;
`disqualified advance pensioner' means an advance pensioner A, or an advance
pensioner B, who, before 20 March 1991:

   (a)  receives advance pharmaceutical supplements of:

   (i)  except where subparagraph (ii) applies - $155; or

   (ii) in the case of a married pensioner to whom paragraph 47 (1) (b)
        applies - $77.50; or

   (b)  both:

   (i)  receives advance pharmaceutical supplements of less than the relevant
        amount in paragraph (a); and

   (ii) does not claim further such supplements;
`eligible pensioner' means:

   (a)  a person:

   (i)  who is in receipt of a service pension under section 38 or 39, a
        wife's service pension under section 40 or a carer's service pension
        under section 41; and

   (ii) the rate of whose pension referred to in subparagraph (i) is not
        reduced under this Act on the basis of the person's income,
        maintenance income or property; or

   (b)  a person who is in receipt of a pension whose rate is specified under
        subsection 30 (1).
`liquid assets', in relation to a person, means:

   (a)  any cash held by, or on behalf of, the person; or

   (b)  any amount deposited with, or lent to, a bank, building society,
        credit union or other financial institution, whether or not the amount
        can be withdrawn by, or repaid to, the person immediately;
`pharmaceutical benefit' means a drug or medicinal preparation in relation to
which, because of section 85 of the National Health Act 1953, Part VII of that
Act applies;
`pharmaceutical supplement' means the supplement payable under section 118B;
`supplement period' means the period from 1 November 1990 to 19 March 1991
(inclusive). Qualification for pharmaceutical supplement

"118B. Subject to sections 118C and 118J, a card pensioner is eligible to
receive a pharmaceutical supplement. Pharmaceutical supplements only payable
during supplement period

"118C. Persons are only eligible to receive pharmaceutical supplements during
the supplement period. Rate of pharmaceutical supplements

"118D. (1) Subject to subsection (2), the rate of a pharmaceutical supplement
for a person is $5 per fortnight.
  "(2) The rate of a pharmaceutical supplement for a person in receipt of   a
pension at the rate specified in paragraph 47 (1) (b) is $2.50 per fortnight.
Payment of pharmaceutical supplements

"118E. A person's pharmaceutical supplement is payable:

   (a)  in the case of a person who is paid a pension under this Act - on each
        pension pay day during the supplement period on which the person is
        eligible for the supplement; or

   (b)  in any other case - on such days as the Secretary considers
        appropriate. Advance pharmaceutical supplements for advance pensioners
        A

"118F. (1) An advance pensioner A is qualified to receive an advance
pharmaceutical supplement on 1 November 1990 of, subject to subsection (2),
$50.

"(2) Where paragraph 47 (1) (b) applies to a married person, the amount of the
person's advance supplement under this section is $25. Further advance
pharmaceutical supplements for continuing advance pensioners A

"118G. (1) Where the Secretary is satisfied that a continuing advance
pensioner A has bought at least 20 pharmaceutical benefits for the pensioner,
the pensioner's spouse or a dependant of the pensioner within the period
beginning on 1 November 1990 and ending on the first pension pay-day after 19
March 1991, the pensioner is qualified to receive an advance pharmaceutical
supplement of, subject to subsection (4), $35.

"(2) Where the Secretary is satisfied that a continuing advance pensioner A:

   (a)  has received a payment under subsection (1); and

   (b)  within the 3 months immediately after receiving that payment, has
        bought at least 14 pharmaceutical benefits for the pensioner, the
        pensioner's spouse or a dependant of the pensioner; the pensioner is
        qualified to receive a further advance pharmaceutical supplement of,
        subject to subsection (4), $35.

"(3) Where the Secretary is satisfied that a continuing advance pensioner A:

   (a)  has received a payment under subsection (2); and

   (b)  within the 3 months immediately after receiving that payment, has
        bought at least 14 pharmaceutical benefits for the pensioner, the
        pensioner's spouse or a dependant of the pensioner; the pensioner is
        qualified to receive a further advance pharmaceutical supplement of,
        subject to subsection (4), $35.

"(4) Where paragraph 47 (1) (b) applies to a married person, the amount of a
further advance supplement of the person under this section is $17.50.

"(5) For the purposes of this section, a continuing advance pensioner A is
taken to buy a pharmaceutical benefit for the pensioner whenever the
pensioner's spouse buys a pharmaceutical benefit for the pensioner's spouse,
the pensioner or a dependant of the pensioner's spouse. Advance pharmaceutical
supplements for advance pensioners B

"118H. (1) Where the Secretary is satisfied that an advance pensioner B has
bought at least 14 pharmaceutical benefits for the pensioner, the pensioner's
spouse or a dependant of the pensioner within the 3 months immediately before
the day on which the pensioner became an eligible pensioner, the pensioner is
qualified to receive an advance pharmaceutical supplement of, subject to
subsection (5), $35.

"(2) Where the Secretary is satisfied that an advance pensioner B:

   (a)  has received a payment under subsection (1); and

   (b)  within the 3 months immediately after receiving that payment, has
        bought at least 14 pharmaceutical benefits for the pensioner, the
        pensioner's spouse or a dependant of the pensioner; the pensioner is
        qualified to receive a further advance pharmaceutical supplement of,
        subject to subsection (5), $35.

"(3) Where the Secretary is satisfied that an advance pensioner B:

   (a)  has received a payment under subsection (2); and

   (b)  within the 3 months immediately after receiving that payment, has
        bought at least 14 pharmaceutical benefits for the pensioner, the
        pensioner's spouse or a dependant of the pensioner; the pensioner is
        qualified to receive a further advance pharmaceutical supplement of,
        subject to subsection (5), $35.

"(4) Where the Secretary is satisfied that an advance pensioner B:

   (a)  has received a payment under subsection (3); and

   (b)  within the 3 months immediately after receiving that payment, has
        bought at least 14 pharmaceutical benefits for the pensioner, the
        pensioner's spouse or a dependant of the pensioner; the pensioner is
        qualified to receive a further advance pharmaceutical supplement of,
        subject to subsection (5), $45.

"(5) Where paragraph 47 (1) (b) applies to a married person, the amount of a
further advance supplement of the person:

   (a)  under subsection (1), (2) or (3) - is $17.50; and

   (b)  under subsection (4) - is $22.50.

"(6) For the purposes of this section, a continuing advance pensioner B is
taken to buy a pharmaceutical benefit for the pensioner whenever the
pensioner's spouse buys a pharmaceutical benefit for the pensioner's spouse,
the pensioner or a dependant of the pensioner's spouse. Pharmaceutical
supplements not additional to advance pharmaceutical supplements

"118J. (1) An advance pensioner A is not qualified to receive a pharmaceutical
supplement under section 118B.

"(2) An advance pensioner B who receives at least one advance pharmaceutical
supplement under section 118H during the period beginning on 1 November 1990
and ending on 19 March 1991 is not qualified to receive a pharmaceutical
supplement under section 118B during the pensioner's advance payment period.

"(3) In subsection (2):
`advance payment period', in relation to an advance pensioner B, means the
period:

   (a)  beginning on the earliest day on which the pensioner receives an
        advance pharmaceutical supplement under section 118H; and

   (b)  lasting for a number of fortnights equal to the number obtained by
        dividing the number of dollars received by the pensioner under section
        118H by:

   (i)  except where subparagraph (ii) applies - 2.50; or

   (ii) in the case of a married person to whom paragraph 47 (1) (b) applies -
        2.50. Rate increases not to apply to disqualified advance pensioners A
        during advance payment period

"118K. (1) If a disqualified advance pensioner, being an advance pensioner A,
has received at least one advance pharmaceutical supplement under section
118G, then subsections 198 (5N), (5H) and (5J) do not apply to the pensioner's
rate of pension during the pensioner's advance payment period.

"(2) In subsection (1): `advance payment period', in relation to an advance
pensioner A, means the period:

   (a)  beginning on 1 November 1991; and

   (b)  lasting for a number of fortnights equal to the number obtained by
        dividing the number of dollars received by the pensioner under section
        118G by:

   (i)  except where subparagraph (ii) applies - 5; or

   (ii) in the case of a married pensioner to whom paragraph 47 (1) (b)
        applies - 2.50. Rate increases not to apply to disqualified advance
        pensioners B during advance payment period

"118L. (1) If a disqualified advance pensioner, being an advance pensioner B,
has received at least one advance pharmaceutical supplement under section
118H, then subsections 198 (5G), (5H) and (5J) do not apply to the pensioner's
rate of pension during the pensioner's advance payment period.

"(2) In subsection (1), `advance payment period' has the same meaning as in
section 118J. Advances and eligibility for entitlement card

"118M. If:

   (a)  a person is qualified to receive an advance pharmaceutical supplement;
        and

   (b)  the amount of the supplement exceeds the amount remaining to be
        charged for supplies of pharmaceutical benefits before the person
        would become eligible to be issued with an entitlement card under
        subsection 84C (1A) of the National Health Act 1953; the amount of the
        advance pharmaceutical supplement is to be reduced by the excess and
        no further advance pharmaceutical supplements are payable to the
        person. Maximum benefit

"118N. (1) The total amount to be paid to an advance pensioner A by way of:

   (a)  advance pharmaceutical supplements; and

   (b)  amounts payable under paragraph 198 (5G) (b), (5H) (b) or (5J) (b);
        before 1 January 1992 is not to exceed:

   (c)  except where paragraph (d) applies - $155; or

   (d)  in the case of a married pensioner to whom paragraph 47 (1) (b)
        applies - $77.50.

"(2) The total amount to be paid to an advance pensioner B by way of:

   (a)  pharmaceutical supplements; and

   (b)  advance pharmaceutical supplements; and

   (c)  amounts payable under paragraph 198 (5G) (b), (5H) (b) or (5J) (b);
        before 1 January 1992 is not to exceed the amount whose number of
        dollars is obtained by multiplying by:

   (d)  except where paragraph (e) applies - 5; or

   (e)  in the case of a married pensioner to whom paragraph 47 (1) (b)
        applies - 2.5; the number of pension pay days during the period
        beginning on the day the person became an eligible pensioner and
        ending on 31 December 1991.".
Commencement: 1 November 1990