Veterans' Entitlements Act 1986

A person (the claimant) is eligible for an essential medical equipment payment for an income year if:

the Commission is satisfied that the claimant satisfies each of the following on the EMEP test day:

the medical needs requirement in section 63C;

the concession requirement in section 63D;

the energy account requirement in section 63E; and

a medical practitioner has (subject to subsection (2)) certified that:

the claimant meets the medical needs requirement under subsection 63C(1) on a day; or

another specified person meets the medical needs requirement under subsection 63C(1) on a day;

the claimant is not prevented from receiving an essential medical equipment payment by section 63F; and

the claimant is not a dependent child of another person on the EMEP test day; and

the claimant is in Australia on the EMEP test day.

Paragraph (1)(b) does not apply if the Commission is otherwise satisfied that the claimant or another specified person meets the medical needs requirement in section 63C.

For the purposes of subsection (1), the EMEP test day is either:

the day in the income year referred to in subsection (1) on which the claimant makes the claim for the payment; or

an anniversary (in the income year referred to in subsection (1)) of the day on which the claimant made a claim for the payment if:

the claimant made the claim in a previous income year; and

since the claimant made the claim, the Commission has not determined that the claimant has ceased to be eligible for the payment.

For claims, see Subdivision C.

In determining whether a person is eligible for an essential medical equipment payment for an income year after the income year in which the claim for the payment is made, the Commission:

may act on the basis of the documents and information in its possession; and

is not required to conduct any inquiries or investigations into the matter or to require (whether under this Act or otherwise) the giving of any information or the production of any document.

Despite subsection (4), the Commission may require a further certification for the purposes of paragraph (1)(b), or further information or a further document for the purposes of subsection (2), in an income year after the income year in which the claim is made.