Lifetime Care and Support (Catastrophic Injuries) Act 2014

The LTCS commissioner and an overseas participant may agree that the commissioner pay the participant’s expenses under section 30 by giving the participant periodic payments to cover the participant’s expenses while living outside Australia (a periodic payment agreement).

The overseas participant’s expenses payable under section 30 must be paid under that section until the participant enters into the periodic payment agreement.

If the overseas participant returns to Australia to live before the end of the periodic payment agreement—

the periodic payment agreement ceases to have effect; and

section 30 (3) applies in relation to the payment of expenses in relation to the participant’s treatment and care needs; and

any amount paid for the period remaining on the agreement after it ceases to have effect must be repaid to the LTCS commissioner.

The LTCS guidelines may make provision for determining the following:

the period an overseas participant must live outside Australia to be eligible to enter into a periodic payment agreement;

the total amount and frequency of periodic payments to an overseas participant under a periodic payment agreement;

the calculation of the amount to be repaid under subsection (3) (c).

Note The LTCS guidelines are made under s 93.

In this section:

overseas participant means a participant in the LTCS scheme who—

is an Australian citizen or a permanent resident of Australia; and

lives outside Australia; and

intends to live outside Australia permanently or for an extended time.