{"id":"F2015L01145","name":"Veterans’ Affairs (Extended Eligibility for Treatment) Instrument 2015","slug":"veterans-affairs-extended-eligibility-for-treatment-instrument-2015","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129007,"registerId":"commonwealth-F2015L01145-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\nThis is the Veterans’ Affairs (Extended Eligibility for Treatment) Instrument 2015.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\nThis instrument is made under the Veterans’ Entitlements Act 1986.","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\nDomestic Assistance, in the context of the Treatment Principles, has the meaning it has in the Treatment Principles and in the context of the MRCA Treatment Principles has the meaning it has in the MRCA Treatment Principles.\n\ndefence-caused, in relation to an injury or disease, has the meaning given in section 70 of the VEA.\n\nformer member has the meaning it has in section 5 of the MRCA.\n\nhazardous service has the meaning it has in subsection 68(1) of the VEA.\n\nhomecare treatment means treatment under the Veterans’ Home Care Program or the MRCA Home Care Program, as the case may be, comprised of:\n\na Home Care service (category A); or\n\na Home Care service (category B); or\n\na Home Care service (category C).\n\nNote: these categories of treatment are defined in the Treatment Principles and in the MRCA Treatment Principles.\n\nHome and Garden Maintenance in the context of the Treatment Principles, has the meaning it has in the Treatment Principles and in the context of the MRCA Treatment Principles has the meaning it has in the MRCA Treatment Principles.\n\nlimited VHC-type service has the meaning it has in the Treatment Principles.\n\nNote: a limited VHC-type service is a service identical to Domestic Assistance or Home and Garden Maintenance.\n\nmember has the meaning it has in section 5 of the MRCA.\n\nmental health condition – see section 5A.\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nMRCA Home Care Program has the meaning it has in the MRCA Treatment Principles.\n\nMRCA Treatment Principles means the legislative instrument of that name made by the Military Rehabilitation and Compensation Commission under paragraph 286(1)(a) of the MRCA.\n\nnon-subsidised residential care (respite) means respite provided under Part C of Part 10 of the Treatment Principles.\n\npeacekeeping service has the meaning it has in subsection 68(1) of the VEA.\n\nrelevant service means:\n\n(a) operational service, hazardous service, warlike service, non-warlike service, peacekeeping service — as covered by the VEA;\n\n(b) warlike service or non-warlike service — as covered by the MRCA.\n\nresidential care has the meaning it has in the Treatment Principles.\n\nNote (1): residential care does not include medical treatment or allied health treatment (to the extent it is not residential care).\n\nNote (2): The Repatriation Commission or the Military Rehabilitation and Compensation Commission may accept financial responsibility for a resident contribution under subsection 276(1) of the Aged Care Act 2024 in accordance with the Treatment Principles or the MRCA Treatment Principles.\n\nresidential care (respite) has the meaning it has in the Treatment Principles.\n\nNote (1): residential care (respite) does not include medical treatment or allied health treatment (to the extent it is not residential care (respite).\n\nNote (2): The Repatriation Commission or the Military Rehabilitation and Compensation Commission may accept financial responsibility for a resident respite fee under subsection 283(2) of the Aged Care Act 2024 in accordance with the Treatment Principles or the MRCA Treatment Principles.\n\nrespite has the meaning it has in the Treatment Principles.\n\nRespite Care has the meaning it has in the Treatment Principles.\n\nservice injury or disease has the meaning it has in section 5 of the MRCA.\n\nservice condition means:\n\n(a) a war-caused injury;\n\n(b) a war-caused disease;\n\n(c) a defence-caused injury arising from peacekeeping service or hazardous service;\n\n(d) a defence-caused disease arising from peacekeeping service or hazardous\n\nservice;or\n\n(e) a service injury or disease arising from war-like service or non-warlike service.\n\nTreatment Principles means the legislative instrument of that name made by the Repatriation Commission under section 90 of the VEA.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\nveteran has the meaning it has in paragraph (a) of the definition of “veteran” in subsection 5C(1) of the VEA and includes the extended meaning of “veteran” in subsection 81(2) of the VEA (i.e. member of the Forces; member of a Peacekeeping Force).\n\nVeterans’ Home Care Program has the meaning it has in the Treatment Principles.\n\nwar-caused, in relation to an injury or disease, has the meaning given in section 9 of the VEA.\n\nThe following terms are defined in the VEA:\n\n-   child – 5F(1)\n-   continuous full-time service – 5C(1)\n-   MRCA – 5Q(1)\n-   partner – 5E(1)","sortOrder":2},{"sectionNumber":"5A","sectionType":"section","heading":"Meaning of mental health condition","content":"#### 5A Meaning of mental health condition\n\n  (1) In this instrument:\n\n> mental health condition means a mental disorder that could be assessed and diagnosed by a mental health professional in accordance with recognised criteria for such assessment and diagnosis.\n\n  (2) In this section:\n\n> mental health professional means a person who is:\n\n(a) a medical practitioner (whether a general practitioner or a psychiatrist) who is registered with the Australian Health Practitioner Regulation Agency to practise as a medical practitioner; or\n\n(b) a psychologist who is registered with the Australian Health Practitioner Regulation Agency to practise as a psychologist and who holds a post-graduate qualification in clinical psychology.\n\n> Note: Medical reference resources used by Australian mental health professionals in the assessment and diagnosis of mental disorders include DSM-5 (fifth edition of the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders) and Chapter V of ICD-10-AM (the International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Australian Modification).","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Extended Eligibility for Residential Care (including Residential Care (Respite)), Respite Care and non-subsidised residential care (respite)","content":"#### 6 Extended Eligibility for Residential Care (including Residential Care (Respite)), Respite Care and non-subsidised residential care (respite)\n\n(1) A veteran included in the class of person specified in Part A is eligible to be provided with the kind of treatment specified in Part B.\n\nNote: see paragraph 88A(1)(a) of the VEA.\n\n(2) A person who was a dependant of a veteran and who is, or was, a member or former member included in the class of person specified in Part A is eligible to be provided with the kind of treatment specified in Part B.\n\nNote (1) see paragraph 88A(1)(c) of the VEA. It is necessary for this provision to also cover members/former members who are former dependants of veterans because paragraph 88A(1)(d) of the VEA, the provision that could cover such members/former members, only applies if the person is not covered under another paragraph of section 88A and members/former members who were dependants of veterans would be covered by paragraph 88A(1)(c).\n\nNote (2) a person who was the dependant of a veteran includes a child of the veteran who has turned 16 and is not under 25 and in full-time education.\n\n(3) A member or former member, being a person who is not a veteran, a dependant of a veteran or former dependant of a veteran, included in the class of person specified in Part A is eligible to be provided with the kind of treatment specified in Part B.\n\nNote (1) see paragraph 88A(1)(d) of the VEA.\n\n(4) A person who is a dependant of a veteran, member or former member, being a dependant included in the class of person specified in Part AA, is eligible to be provided with the kind of treatment for that person specified in Part B.\n\nNote: although dependants are eligible for the kind of treatment in Part B (as distinct from how the treatment is applied) without the need for this instrument, that eligibility is for the application of that kind of treatment to an injury or disease. This instrument extends that eligibility to eligibility for the application of the treatment to a condition that is not an injury or disease e.g. a condition due to the effects of ageing.\n\nPart A – Class of Person\n\nA person eligible for treatment under the VEA or MRCA in respect of:\n\n(a) a war-caused injury or a war-caused disease; or\n\n(b) a defence-caused injury or a defence-caused disease; or\n\n(c) a service injury or disease; or\n\n(d) malignant neoplasia; or\n\n(e) pulmonary tuberculosis; or\n\n(f) a mental health condition.\n\nPart AA – Class of Person\n\nA dependant of a veteran under the VEA or a dependant of a member or former member under the MRCA.\n\nPart B – Kind of Treatment\n\nfor a person in Part A:\n\n-   residential care;\n-   residential care (respite);\n-   Respite Care; and\n-   non-subsidised residential care (respite);\n\nunder the Treatment Principles under the VEA — for any injury, disease or condition (e.g. frailty) that is not mentioned in Part A.\n\nfor a person in Part AA:\n\n-   residential care;\n-   residential care (respite);\n-   Respite Care; and\n-   non-subsidised residential care (respite);\n\nunder the Treatment Principles under the VEA for any condition that is not an injury or disease (e.g. frailty).\n\nNote (1): an example of how this instrument operates is where a former member with a mobility impairment of the right leg, being a service injury or disease, is receiving residential care treatment for the condition and the person also has a mobility impairment of the left leg, that is not a service injury or disease.\n\nIn practice residential care treatment (e.g. personal assistance) would not differentiate between the two conditions albeit, strictly speaking, but for this instrument the application of the residential care treatment to the non-service-related condition would not be covered under Department of Veterans’ Affairs treatment arrangements.\n\nThis instrument grants the person eligibility for residential care treatment of the non-service-related condition thereby resolving a technical eligibility issue.\n\nNote (3): Although this instrument confers eligibility on a member or former member for a treatment partly available under the MRCA i.e. residential care/residential care (respite) applied to a service injury or disease, the remainder of the treatment i.e. residential care/residential care (respite) applied to a non-service injury or disease, can, under this instrument, only be provided under the VEA.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Extended Eligibility for Treatment under the Veterans’ Home Care Program","content":"#### 7 Extended Eligibility for Treatment under the Veterans’ Home Care Program\n\n(1) A person included in a class of person in Part A is eligible to be provided with the kind of treatment specified in Part B.\n\nPart A – Class of Person\n\nA person eligible for home care treatment for an injury or disease under the Veterans’ Home Care Program or the MRCA Home Care Program (primary treatment).\n\nPart B – Kind of Treatment\n\nhome care treatment under the Veterans’ Home Care Program (secondary treatment) for:\n\n(a) any condition of the person that is not a service condition; and\n\n(b) any condition of the person that is not an injury or disease;\n\non the basis that the secondary treatment is provided as part of, and on the same terms as, the primary treatment.\n\nNote (1): this provision enables home care treatment under the Veterans’ Home Care Program to be applied whole-of-person. Accordingly if a veteran or former member is only eligible for treatment under the Veterans’ Home Care Program or the MRCA Home Care Program, as the case may, for a service condition, this instrument enables the treatment to be provided for any other condition, including a non-service condition, or a condition that is not an injury or disease e.g. a condition due to the effects of ageing.\n\nNote (2): similarly, a dependant of a veteran, member or of a former member, being a dependant eligible for treatment for any injury or disease under the Veterans’ Home Care Program or the MRCA Home Care Program, is eligible under this instrument for the application of home care treatment to a condition of the dependant that is not an injury or disease e.g. a condition due to the effects of ageing","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Extended Eligibility for a limited VHC-type service","content":"#### 8 Extended Eligibility for a limited VHC-type service\n\n(1) A partner or former partner of a veteran included in the class of person specified in Part A is eligible to be provided with the kind of treatment specified in Part B.\n\nNote (1) see paragraphs 88A(1)(b) and (c) of the VEA.\n\n(2) A child or former child of a veteran included in the class of person specified in Part A is eligible to be provided with the kind of treatment specified in Part B\n\nNote (1) see paragraphs 88A(1)(b) and (c) of the VEA.\n\nNote (2) a person who was the dependant of a veteran includes a child of the veteran who has turned 16 and is not under 25 and in full-time education.\n\n(3) A partner or former partner of a member or of a former member included in the class of person specified in Part A is eligible to be provided with the kind of treatment specified in Part B\n\nNote (1) see paragraph 88A(1)(d) of the VEA.\n\n(4) A child or former child of a member or of a former member included in the class of person specified in Part A is eligible to be provided with the kind of treatment specified in Part B.\n\nNote (1) see paragraph 88A(1)(d) of the VEA.\n\nPart A – Class of Person (Family Member)\n\nA person (family member) who was sharing a home with a person (beneficiary) when the beneficiary died or needed to leave the home for treatment and immediately before either of these events:\n\nNote: a beneficiary may be a veteran (including a deceased veteran), a member or former member or a former partner (by death) of a veteran, member of former member.\n\n(a) the beneficiary was eligible to receive Domestic Assistance or Home and Garden Maintenance under the Treatment Principles or the MRCA Treatment Principles; and\n\n(b) the family member was:\n\n(i) the partner of the beneficiary — the beneficiary being a veteran, member or former member; or\n\n(ii) the former partner of the beneficiary (by reason of the death of the beneficiary) — the beneficiary having been a veteran, member or former member; or\n\n(iii) a child of the beneficiary:\n\n(A) where the beneficiary is or was a veteran, member or former member; or\n\n(B) where the beneficiary was the partner of a veteran, member or former member and the child is the child of the veteran, member or former member.\n\n(iv) a former child of the beneficiary who was a full-time carer of the beneficiary:\n\n(A) where the beneficiary is or was a veteran, member or former member; or\n\n(B) where the beneficiary was the partner of a veteran, member or former member and the child is the former child of the veteran, member or former member.\n\n(v) a former child of the beneficiary — being a former child with a serious disability:\n\n(A) where the beneficiary is or was a veteran, member or former member; or\n\n(B) where the beneficiary was the partner of a veteran, member or former member and the child is the former child of the veteran, member or former member.\n\nNote (1): the person to whom the class of person relates is the “family member” not the “beneficiary”.\n\nNote (2): \"child\" under the VEA has a different meaning to its normal meaning and means a person who has not turned 16 unless the person is undertaking full time education in which case the person is a child until turning 25. Accordingly under the VEA a child ceases to be a child upon turning 16 or 25, as the case may be. The child is then a former child.\n\nNote (3) Although the terms “partner”, “former partner”, “child”, former child”, are mentioned in relation to a member or former member (i.e. people covered by the MRCA), as this instrument is made under the VEA, the definitions of “child” and “partner” in the VEA and not the MRCA prevail.\n\nNote (4): the Treatment Principles limit the delivery of a limited VHC-type service to, generally speaking, 12 weeks.\n\nPart B – Kind of Treatment\n\n(a) for a person in the class of person in Part A who is entitled to a limited VHC-type service under the Treatment Principles — limited VHC-type service.\n\nNote (1): a limited VHC-type service is a service identical to Domestic Assistance or Home and Garden Maintenance which a relevant beneficiary was eligible to receive.\n\nNote (2): example - a partner of a veteran, where the veteran was eligible for home and garden maintenance under the Treatment Principles and who left the home for treatment, is, in conjunction with this instrument, entitled to a limited VHC-type service under the Treatment Principles.\n\n(b) for a person in the class of person in Part A who is not entitled to a limited VHC-type service under the Treatment Principles — limited VHC-type service as if the person is entitled to a limited VHC-type service under the Treatment Principles and as if the relevant beneficiary of the Domestic Assistance or Home and Garden Maintenance under the MRCA Treatment Principles was eligible for those services under the Treatment Principles.\n\nNote (1): example - a partner of a member, where the member was eligible for domestic assistance under the MRCA Treatment Principles and who left the home for treatment, is not prima facie entitled to a limited VHC-type service under the Treatment Principles but by virtue of this instrument is taken to be entitled to a limited VHC-type service under the Treatment Principles.\n\nNote (2): although a person is taken to be eligible for a limited VHC-type service under the Treatment Principles and the relevant beneficiary is taken to be eligible for Domestic Assistance or Home and Garden Maintenance, as the case may be, under the Treatment Principles, nevertheless the terms on which the limited VHC\\-type service is to be provided are the same terms that applied to the provision of Domestic Assistance or Home and Garden Maintenance to the relevant beneficiary under the MRCA Treatment Principles.\n\nNote (3): example – if a former member was eligible for 10 hours Home and Garden Maintenance under the MRCA Treatment Principles then a partner of the former member is eligible for a limited VHC-type service under the Treatment Principles of Home and Garden Maintenance of 10 hours only.","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Extended Eligibility for Treatment of Unidentifiable Condition","content":"#### 9 Extended Eligibility for Treatment of Unidentifiable Condition\n\n(1) A veteran included in the class of person specified in Part A is eligible to be provided with the kind of treatment specified in Part B.\n\nNote (1) see paragraph 88A(1)(a) of the VEA.\n\n(2) A member or former member included in the class of person specified in Part A is eligible to be provided with the kind of treatment specified in Part B.\n\nNote (1) see paragraph 88A(1)(d) of the VEA.\n\nPart A – Class of Person\n\nA person in the following circumstances:\n\n(a) the person is a veteran or member or former member who rendered continuous full-time relevant service; and\n\n(b) the person lodged a claim for pension under the VEA or for compensation under the MRCA within 15 years after the date of the end of the relevant service in respect of a physical or mental condition (unidentifiable condition) that could be a service condition; and\n\n(c) the Commonwealth (as represented by the Department of Veterans’ Affairs) notified the person that the person’s condition is an unidentifiable condition i.e. a medical condition that does not satisfy diagnostic criteria in current evidence-based medicine;and\n\n(d) the person’s claim for pension or compensation has not been determined by the Repatriation Commission or the Military Rehabilitation and Compensation Commission, as the case requires.\n\nPart B – Kind of Treatment\n\nTreatment under, and subject to:\n\n-   the Treatment Principles; or\n-   the Repatriation Pharmaceutical Benefits Scheme; or\n-   the Repatriation Private Patient Principles; or\n-   an arrangement between the Repatriation Commission and a health care provider pursuant to Part V of the Act.\n\n(3) Eligibility for treatment in Part B commences on and from the date that is 3 months before the date the claim lodged by the person in Part A was received at an Office of the Department of Veterans’ Affairs in Australia, to and including the date the person’s claim for pension or compensation under the VEA or MRCA, as the case may be, is determined.","sortOrder":7}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument appears to maintain its original scope of extending eligibility for specific treatment types beyond strict service-related conditions. While it creates complex bridging arrangements between the VEA and MRCA frameworks, this appears to be the intended mechanism rather than scope creep. The instrument has not expanded to cover new categories of persons or treatment types beyond its original purpose of filling gaps in residential care, home care, family support, and interim treatment during claims."},"complexity_factors":["Heavy cross-referencing to multiple Acts (VEA, MRCA, Aged Care Act 2024) and subordinate instruments (Treatment Principles, MRCA Treatment Principles)","Dual legislative frameworks operating simultaneously (VEA for veterans, MRCA for members/former members) with complex interaction rules","Nested definitions requiring lookup in external instruments (e.g., 'Domestic Assistance' defined by reference to Treatment Principles)","Conditional eligibility based on relationship status (partner/former partner/child/former child) with age and education caveats","Temporal limitations (e.g., 12-week limits, 15-year claim windows, 3-month retrospective treatment periods)","Complex beneficiary/family member logic in section 8 requiring tracking of multiple hypothetical scenarios (deceased veterans, partners who were carers, children with serious disabilities)","Exception to exception structure in Part B of section 6 (treatment for non-service conditions under VEA even when MRCA covers the service condition)","19 defined terms in section 5, many circular or externally referential"],"plain_english_summary":"This instrument broadens DVA support beyond strictly service-caused conditions, allowing residential and respite care, home-care services, temporary domestic help for families after a veteran dies or enters care, and interim treatment while claims for hard-to-diagnose (“unidentifiable”) conditions are decided. It affects veterans, current/former Defence members and their partners, children and household dependants. It matters because it fills gaps where care would otherwise be private or unavailable while claims proceed."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument expands the statutory scope of treatment eligibility beyond service‑connected injuries and diseases to include non‑service conditions (including ageing effects), whole‑of‑person home care secondary treatment, limited VHC‑type support for certain family members, and coverage for certain 'unidentifiable' conditions pending claim determination. Key provisions effecting this expansion appear at ss.6 (residential and respite care), 7 (Veterans’ Home Care whole‑of‑person treatment), 8 (limited VHC‑type services for family members) and 9 (unidentifiable condition coverage and timing)."},"complexity_factors":["Extensive cross-references to multiple statutes and legislative instruments (VEA, MRCA, Treatment Principles, MRCA Treatment Principles) increasing legal interpretation load (see ss.3,5 and defined terms).","Multiple overlapping beneficiary classes and permutations (veterans, members/former members, dependants, family members) with different eligibility rules (see ss.6–9, Parts A/AA).","Interplay between primary and secondary treatment concepts (whole-of-person home care) requiring linkage of MRCA and VEA program rules in practice (see s.7).","Different treatment types and program rules (residential care, respite, non-subsidised respite, Veterans’ Home Care, limited VHC-type services) each with distinct delivery and time limits (see ss.6–8 and Treatment Principles).","Defined clinical thresholds and practitioner qualifications for mental health conditions that affect eligibility assessments (see s.5A).","Time-limited eligibility window and procedural trigger for unidentifiable conditions tied to claim lodgement and commission decision-making (see s.9(2)–(3)).","Potential fiscal and administrative consequences from converting MRCA entitlements into VEA-provided treatment in some cases, plus references to aged care resident contributions (see notes in definitions and s.6).","Discretion retained by Repatriation Commission / Military Rehabilitation and Compensation Commission and Department of Veterans’ Affairs to determine and implement entitlements under existing Treatment Principles."],"plain_english_summary":"This instrument extends eligibility for residential, respite and Veterans’ Home Care services so those services may be provided for non‑service conditions (including ageing effects) and certain unidentifiable conditions. It affects veterans, eligible members/former members, their dependants and certain family members. The Department of Veterans’ Affairs / Repatriation Commission funds and determines entitlement under existing Treatment Principles. Mechanically, it allows home‑care to be applied whole‑of‑person and aligns some MRCA entitlements into VEA delivery, increasing administrative scope and budgetary exposure."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-affairs-extended-eligibility-for-treatment-instrument-2015","history":"/api/acts/veterans-affairs-extended-eligibility-for-treatment-instrument-2015/history","analysis":"/api/acts/veterans-affairs-extended-eligibility-for-treatment-instrument-2015/analysis","conflicts":"/api/acts/veterans-affairs-extended-eligibility-for-treatment-instrument-2015/conflicts","importantCases":"/api/acts/veterans-affairs-extended-eligibility-for-treatment-instrument-2015/important-cases","documents":"/api/acts/veterans-affairs-extended-eligibility-for-treatment-instrument-2015/documents"}}