Section 917C — Social Security Act 1991: The medical needs requirement

Person who has medical needs (1) A person satisfies the medical needs requirement on a day if: (a) the person has a medical condition on that day, and as a result: (i) the person requires the use of specified essential medical equipment in a residence (the EMEP residence) that is the person’s home and is either a private residence or a specified residence; and (ii) the person uses that equipment in that residence; or (b) the person has a specified medical condition on that day, and as a result: (i) the person is unable to regulate his or her body temperature; and (ii) additional heating or cooling is required, in a residence (the EMEP residence) that is the person’s home and is either a private residence or a specified residence, to manage the person’s condition; and (iii) the person uses additional heating or cooling in that residence. Caring for a person who has medical needs (2) A person (the carer) also satisfies the medical needs requirement on a day if: (a) the carer provides care and attention on a regular and ongoing basis for a person; and (b) the person (the person with medical needs) satisfies the medical needs requirement under subsection (1) on the day; and (c) the person with medical needs is specified in the certification under subparagraph 917B(1)(b)(ii) or is the person specified for the purposes of subsection 917B(2) (as the case requires); and (d) the carer’s home is the EMEP residence that is the home of the person with medical needs. Legislative instrument (3) The Minister may, by legislative instrument, specify: (a) essential medical equipment for the purposes of paragraph (1)(a); and (b) medical conditions for the purposes of paragraph (1)(b); and (c) residences for the purposes of paragraphs (1)(a) and (b).