22Organisations authorised to receive CAPS payments

22 Organisations authorised to receive CAPS payments

(1) In paragraphs 4(c), (d), (e) and (f) and subsections (5) and (6), a reference to a “participating person” includes a former participating person and, where the context permits, an authorised representative or correspondence nominee. (2) An applicant, participating person, or assisted person’s legal representative, authorised representative or authorised payment recipient, other than an organisation, may authorise, in the approved form, an organisation to receive CAPS payments, or instalments of CAPS payments, as the authorised payment recipient for a person entitled to the payment. (3) If the organisation agrees to receive the CAPS payments as agent, the organisation must provide details to the Chief Executive Medicare for the payments in the approved form. (4) The organisation must comply with the following obligations: (a) assist the participating person to obtain continence aids that are appropriate to his or her needs; (b) assist the participating person to use the CAPS payment as a contribution towards to the cost of purchasing continence aids; (c) inform the participating person of any unused CAPS payment amount 30 days before the end of the financial year to which the payment relates; (d) refund to the estate of a participating person who has died any unused portion of a CAPS payment; (e) refund to the participating person any unused portion of a CAPS payment if notified, in writing, that: (i) the person has ceased to meet the eligibility criteria; or (ii) the person wishes to terminate the payment arrangement with the organisation; (f) refund to the participating person any unused portion of a CAPS payment if the participating person was not entitled to the payment at the time it was made; (g) inform the Chief Executive Medicare promptly on becoming aware that the participating person does not meet the eligibility criteria. (5) An organisation which receives a CAPS payment as agent for a participating person must: (a) keep records that: (i) are in a collated and accessible form; and (ii) contain details of the amounts received and the dates the amounts were received; and (iii) contain details of how the amounts were used; and (b) in relation to each of those records, retain the record for the period ending 3 years after 30 June of the year in which the record was made. (6) An organisation must provide details on the use of a CAPS payment if requested to do so by the participating person or his or her authorised representative. (7) The Secretary may direct, in writing, the Chief Executive Medicare to decline to make a CAPS payment to an organisation if the Secretary is satisfied that: (a) the arrangement for the payment is not operating to the benefit of the participating person; or (b) the organisation has not complied with an obligation imposed by this Instrument in respect of any participating person. (8) If a direction is given under subsection (7) the Chief Executive Medicare must comply with the direction.