{"id":"F2021L00388","name":"Veterans’ Entitlements (Transition Care/Home Care Package – Co Payment for Ex POW/Victoria Cross Recipients) Eligibility Determination 2021","slug":"veterans-entitlements-transition-care-home-care-package-co-payment-for-ex-pow-victoria-cross-recipie","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101626,"registerId":"commonwealth-F2021L00388-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Veterans’ Entitlements (Transition Care/","sectionType":"part","heading":"Veterans’ Entitlements (Transition Care/Home Care Package — Co Payment for Ex POW/Victoria Cross Recipients) Eligibility Determination 2021","content":"## Veterans’ Entitlements (Transition Care/Home Care Package – Co Payment for Ex POW/Victoria Cross Recipients) Eligibility Determination 2021\n\nInstrument 2021 No R10\n\n1. The Repatriation Commission makes this Determination under paragraph 88A(1)(a) of the Veterans’ Entitlements Act 1986 (Act).\n\n2. For the purposes of paragraph 88A(1)(a) of the Act the Repatriation Commission specifies the class of persons in Part 2 and the kind of treatment in Part 3.\n\n    Dated this 26th day of March 2021\n\nThe Seal of the )\n\nRepatriation Commission )\n\nwas affixed hereto in the )\n\npresence of: )\n\n| Elizabeth Cosson                            | Kate Pope        | Donald Spinks                                          |\n| ------------------------------------------- | ---------------- | ------------------------------------------------------ |\n| ELIZABETH COSSON                            | KATE POPE        | DONALD SPINKS                                          |\n| AM CSC                                      | PSM              | AM                                                     |\n| PRESIDENTGwen CherneGWEN CHERNECOMMISSIONER | DEPUTY PRESIDENT | COMMISSIONERStuart SmithSTUART SMITHAO DSCCOMMISSIONER |","sortOrder":0},{"sectionNumber":"This Determination is the Veterans’ Enti","sectionType":"part","heading":"This Determination is the Veterans’ Entitlements (Transition Care/Home Care Package — Co Payment for Ex POW/Victoria Cross Recipients) Eligibility Determination 2021.","content":"## This Determination is the Veterans’ Entitlements (Transition Care/Home Care Package – Co Payment for Ex POW/Victoria Cross Recipients) Eligibility Determination 2021.\n\n1.2 Commencement\n\nThis Determination commences on the day after the day it is registered on the Federal Register of Legislative Instruments.\n\n    1.3 Revocation\n\nThe Veterans’ Entitlements (Transition Care/Community Care at Home Package – Co Payment for Ex POW/Victoria Cross Recipients) Eligibility Determination 2011 is revoked.\n\n1.4 Definitions\n\nIn this Determination:\n\nAct means the Veterans’ Entitlements Act 1986.\n\nHome Care Package means the treatment received under a Home Care Package referred to in Part D of PART 10 of the Treatment Principles.\n\nRepatriation Commission means the body corporate continued in existence under section 179 of the Act.\n\nspecified class means the class of persons specified in Part 2 of this Determination.\n\nspecified treatment means treatment described in Part 3 of this Determination.\n\ntransition care means the treatment of that name in Part E of PART 10 of the Treatment Principles.\n\nTreatment Principles means the document prepared by the Repatriation Commission under section 90 of the Act.\n\nveteran means a person described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Act or means a person described in paragraph 81(2)(a) of the Act (as those provisions are in force from time to time).\n\n  \n1.5 Purpose","sortOrder":1},{"sectionNumber":"To specify, for the purposes of paragrap","sectionType":"division","heading":"To specify, for the purposes of paragraph 88A(1)(a) of the Act respectively, a class of veterans and the kind of treatment a veteran within a relevant class is eligible to be provided under the Act.","content":"### To specify, for the purposes of paragraph 88A(1)(a) of the Act respectively, a class of veterans and the kind of treatment a veteran within a relevant class is eligible to be provided under the Act.\n\nUpon the identification of the class and the relevant treatment, the Repatriation Commission may accept financial responsibility for the relevant treatment provided to a person in the class.\n\nSection 88A of the Act enables the Repatriation Commission to extend treatment-eligibility in the Act so that a person may be provided with treatment for any injury/disease, irrespective of whether it is service-related and may be provided with treatment where no injury/disease exists (e.g. frailty). In the Act, eligibility for treatment is generally (but not always) dependent on whether a person’s injury/disease is service-related and is always dependent on the person suffering from an injury/disease.\n\nSection 88A is used in the current situation to confer eligibility for treatment (either transition care or care received under a Home Care Package) on a veteran who is a former prisoner of war or the recipient of the Victoria Cross who may not be suffering from an injury/disease that is service-related or who may not be suffering from an injury/disease at all but who is frail.\n\nIn either situation the person is, by virtue of this determination, eligible for transition care or Home Care Package, under the Treatment Principles.\n\nEligibility for the treatment enables the Repatriation Commission to accept financial responsibility for the co-payment a former prisoner of war, or an entitled veteran awarded the Victoria Cross has paid, or is liable to pay, for the Home Care Package or transition care.\n\nPart 2 Specified Class of Person","sortOrder":2},{"sectionNumber":"A person who:","sectionType":"division","heading":"A person who:","content":"### A person who:","sortOrder":3},{"sectionNumber":"(a) is a veteran; and","sectionType":"division","heading":"(a) is a veteran; and","content":"Part 1 Introduction\n\n1.1 Name of Determination\n\n## This Determination is the Veterans’ Entitlements (Transition Care/Home Care Package – Co Payment for Ex POW/Victoria Cross Recipients) Eligibility Determination 2021.\n\n1.2 Commencement\n\nThis Determination commences on the day after the day it is registered on the Federal Register of Legislative Instruments.\n\n    1.3 Revocation\n\nThe Veterans’ Entitlements (Transition Care/Community Care at Home Package – Co Payment for Ex POW/Victoria Cross Recipients) Eligibility Determination 2011 is revoked.\n\n1.4 Definitions\n\nIn this Determination:\n\nAct means the Veterans’ Entitlements Act 1986.\n\nHome Care Package means the treatment received under a Home Care Package referred to in Part D of PART 10 of the Treatment Principles.\n\nRepatriation Commission means the body corporate continued in existence under section 179 of the Act.\n\nspecified class means the class of persons specified in Part 2 of this Determination.\n\nspecified treatment means treatment described in Part 3 of this Determination.\n\ntransition care means the treatment of that name in Part E of PART 10 of the Treatment Principles.\n\nTreatment Principles means the document prepared by the Repatriation Commission under section 90 of the Act.\n\nveteran means a person described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Act or means a person described in paragraph 81(2)(a) of the Act (as those provisions are in force from time to time).\n\n  \n1.5 Purpose\n\n### To specify, for the purposes of paragraph 88A(1)(a) of the Act respectively, a class of veterans and the kind of treatment a veteran within a relevant class is eligible to be provided under the Act.\n\nUpon the identification of the class and the relevant treatment, the Repatriation Commission may accept financial responsibility for the relevant treatment provided to a person in the class.\n\nSection 88A of the Act enables the Repatriation Commission to extend treatment-eligibility in the Act so that a person may be provided with treatment for any injury/disease, irrespective of whether it is service-related and may be provided with treatment where no injury/disease exists (e.g. frailty). In the Act, eligibility for treatment is generally (but not always) dependent on whether a person’s injury/disease is service-related and is always dependent on the person suffering from an injury/disease.\n\nSection 88A is used in the current situation to confer eligibility for treatment (either transition care or care received under a Home Care Package) on a veteran who is a former prisoner of war or the recipient of the Victoria Cross who may not be suffering from an injury/disease that is service-related or who may not be suffering from an injury/disease at all but who is frail.\n\nIn either situation the person is, by virtue of this determination, eligible for transition care or Home Care Package, under the Treatment Principles.\n\nEligibility for the treatment enables the Repatriation Commission to accept financial responsibility for the co-payment a former prisoner of war, or an entitled veteran awarded the Victoria Cross has paid, or is liable to pay, for the Home Care Package or transition care.\n\nPart 2 Specified Class of Person\n\n### A person who:\n\n### (a) is a veteran; and\n\n### (b) is a former prisoner of war or the recipient of the Victoria Cross;\n\n### is eligible to be provided with the specified treatment.\n\nPart 3 Specified Kind of Treatment\n\nThe kind of treatment a person within the specified class is eligible to be provided with under Part V of the Act is:\n\n(a) Home Care Package;\n\n(b) transition care.","sortOrder":4},{"sectionNumber":"(b) is a former prisoner of war or the r","sectionType":"division","heading":"(b) is a former prisoner of war or the recipient of the Victoria Cross;","content":"### (b) is a former prisoner of war or the recipient of the Victoria Cross;","sortOrder":5},{"sectionNumber":"is eligible to be provided with the spec","sectionType":"division","heading":"is eligible to be provided with the specified treatment.","content":"### is eligible to be provided with the specified treatment.\n\nPart 3 Specified Kind of Treatment\n\nThe kind of treatment a person within the specified class is eligible to be provided with under Part V of the Act is:\n\n(a) Home Care Package;\n\n(b) transition care.","sortOrder":6}],"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":2,"scope_assessment":{"changed":false,"description":"This Determination maintains the same narrow, targeted scope as its 2011 predecessor. It continues to serve the specific purpose of extending treatment eligibility to former POWs and Victoria Cross recipients for aged care co-payments. The 2021 version is a straightforward reissue/revocation that updates terminology (changing 'Community Care at Home Package' to 'Home Care Package' to match current aged care system language) without expanding the class of beneficiaries or types of treatment covered."},"complexity_factors":["Very short instrument (approximately 2-3 pages of substantive content)","Only 7 defined terms in section 1.4","Simple binary eligibility test: veteran status PLUS (former POW OR Victoria Cross recipient)","No nested exceptions or conditional logic—eligibility is straightforward","Minimal cross-referencing (only references to the parent Act and Treatment Principles for definitions)","Clear structure: Part 1 (intro), Part 2 (who), Part 3 (what)"],"plain_english_summary":"This Determination lets the government pay aged‑care co‑payments for two groups of Australian veterans—former prisoners of war and Victoria Cross recipients—without requiring frailty or health issues to be service‑related. It covers Home Care Packages and Transition Care, relieving financial burden as recognition of extraordinary service and updating an earlier 2011 arrangement."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Determination replaces the 2011 instrument (1.3) but retains the same substantive effect: it confers eligibility under s88A for transition care and Home Care Packages to veterans who are former prisoners of war or Victoria Cross recipients (Part 2 and Part 3; Purpose/1.5). It does not broaden the covered classes or add new categories of treatment beyond those specified; the main change is formal re‑specification and the revocation of the earlier instrument."},"complexity_factors":["Relies on statutory power in section 88A of the Veterans’ Entitlements Act 1986 to extend treatment eligibility beyond service-related injury (see Purpose/1.5 and introductory text referencing s88A).","Cross-references external instrument 'Treatment Principles' for definitions of 'Home Care Package' and 'transition care' (see Definitions/1.4).","Narrow, descriptive scope (specific class: ex-POW or Victoria Cross recipients) and limited specified treatments (Part 2 and Part 3) reduce legal complexity.","Discretionary wording: the Repatriation Commission 'may accept' financial responsibility (Purpose/1.5), creating administrative discretion on co-payment acceptance.","Operational implementation requires verification of veteran status and ex-POW/VC entitlement, imposing administrative steps for claims and record checks (implied by the specified class and definitions).","Revocation of the 2011 Determination (1.3) means administrators must transition from the prior instrument to the new text, a minor procedural change."],"plain_english_summary":"This Determination makes veterans who are former prisoners of war or Victoria Cross recipients eligible for transition care and Home Care Packages under the Veterans’ Entitlements Act 1986 even if they have no service-related injury (for example, due to frailty). By specifying the class and the treatments, the Repatriation Commission may accept financial responsibility for any co‑payment those veterans have paid or are liable to pay. It revokes the 2011 Determination and commences the day after registration."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-transition-care-home-care-package-co-payment-for-ex-pow-victoria-cross-recipie","history":"/api/acts/veterans-entitlements-transition-care-home-care-package-co-payment-for-ex-pow-victoria-cross-recipie/history","analysis":"/api/acts/veterans-entitlements-transition-care-home-care-package-co-payment-for-ex-pow-victoria-cross-recipie/analysis","conflicts":"/api/acts/veterans-entitlements-transition-care-home-care-package-co-payment-for-ex-pow-victoria-cross-recipie/conflicts","importantCases":"/api/acts/veterans-entitlements-transition-care-home-care-package-co-payment-for-ex-pow-victoria-cross-recipie/important-cases","documents":"/api/acts/veterans-entitlements-transition-care-home-care-package-co-payment-for-ex-pow-victoria-cross-recipie/documents"}}