EXPLANATORY STATEMENT

Social Security (Specified Class of Persons in Australia in Specified Circumstances—Health Care Card) Declaration 2003

Summary

This declaration is made under subsection 1061ZO(7) of the Social Security Act 1991 (the Social Security Act).

The purpose of the declaration is to enable section 1061ZO of the Social Security Act to apply to specified classes of persons who are, or have been, in Australia in specified circumstances.  This allows those persons to be qualified for a health care card.

Background

Section 1061ZO of the Social Security Act was inserted by the Social Security Legislation Amendment (Concession Cards) Act 2001 with effect from 1 July 2001.  Before 1 July 2001, a person became qualified for a concession card (similar in character to a health care card) if he or she was an eligible person under the Health Insurance Act 1973.  Under section 6 of that Act, the Minister for Health and Ageing had declared that certain specified persons, or a class of specified persons, who were, or had been, in Australia in specified circumstances, were to be treated as eligible persons.

Purpose

The purpose of the declaration is to ensure that persons who had previously been eligible for a concession card under the Health Insurance Act 1973 are eligible for a health care card under the Social Security Act.

The declaration takes effect from gazettal.

Explanation of the provisions

Clause 1 of the declaration states the name of the declaration and clause 2 states that the declaration commences on gazettal.

Clause 3 contains definition provisions.

Clause 4 provides that certain specified persons, or a class of specified persons, who are, or have been, in Australia in specified circumstances, are persons to whom section 1061ZO of the Social Security Act applies.  This application of section1061ZO of the Social Security Act allows those persons to qualify for a health care card.

Subclause 4(1) provides the circumstances in which section 1061ZO of the Social Security Act applies to a person who is a temporary visa holder.

Subclause 4(2) provides the circumstances in which section 1061ZO of the Social Security Act applies to a person who is a temporary protection visa holder.

Subclause 4(3) provides the circumstances in which section 1061ZO of the Social Security Act applies to a person who is the holder of any of a subclass 448 (Kosovar Safe Haven) visa, a subclass 449 (Humanitarian Stay) visa or a subclass 786 (Humanitarian Concern) visa.