Ministerial Direction Disability Allowance To: The Chief Executive of the Department of Work and Income Pursuant to section 5 of the Social Security Act 1964, I, Roger Morrison Sowry, Minister of Social Services, Work and Income, give you the following direction to take effect on 1 April 1999. Dated this 28th day of March 1999. ROGER SOWRY, Minister of Social Services, Work and Income. DIRECTION Disability Allowance In relation to the granting of disability allowance under section 69c of the Social Security Act 1964, you must have regard to the following matters: 1. In this direction, unless the context otherwise requires, ``Act'' means the Social Security Act 1964: ``Subsidised'', in relation to a pharmaceutical product, means that the cost of the product is met by a purchaser; and the terms ``subsidy'', ``partly subsidised'' and ``unsubsidised'' have corresponding meanings, and terms otherwise defined in section 3 (1) and section 69c (8) of the Act have the meanings so defined. Where the context requires, words referring to the singular include the plural, and vice versa. Verification 2. Before determining whether a person has additional expenses of a kind required by section 69c (2a) (a) of the Act, you must require the applicant to provide written verification that (a) He or she is incurring the expenses claimed; and (b) The expenses are of an ongoing kind; and (c) The expenses arise from the person's disability, by way of (d) A certificate from a registered health professional as to the need for the goods or services to which the expenses relate, how that need relates to the person's disability, the expected duration of that need, and the therapeutic value to the person in receiving the goods or services; and (e) Invoices or receipts for payment of the expenses; and (f) Any other verification that you consider necessary or satisfactory. 3. When reviewing a person's entitlement to any disability allowance, you are not required to verify the expenses where you are satisfied that (a) The circumstances have not changed having regard to the matters in clauses 4, 5, and 6; and (b) Those expenses have been verified under this direction within the last 12 months. Additional expenses arising from the disability 4. When determining whether a person has additional expenses of a kind required by section 69c (2a) (a) of the Act, you must consider (a) Whether the person is incurring ongoing expenses which result from the person's disability, having regard to (i) The relationship between the disability and the need to incur the expenses; and (ii) The other matters referred to in clause 2 (d); and (iii) Whether the person would be incurring the expenses if he or she did not have the disability; and (iv) Whether the expenses or an expense of that kind was being incurred before the disability arose and the reasons for incurring that expense at that time; and (b) Whether a person in a similar position who does not have the particular disability would incur expenses of that type or amount; and (c) Whether there are less costly goods or services which might meet the need referred to in clause 2 (d); and (d) Any other matters you consider to be relevant. 5. When determining whether the cost of a partly subsidised or unsubsidised pharmaceutical product is an additional expense of a kind required by section 69c (2a) (a) of the Act, you must have regard to the matters in clause 4 and the following additional matters (a) The availability of another subsidised or partly subsidised pharmaceutical product which may be adequate to meet the need referred to in clause 2 (d); and (b) Whether the applicant has applied to the Health Funding Authority, Health Benefits Limited, or other appropriate agency for a subsidy, or an increased subsidy, on the pharmaceutical product concerned, and if so, whether that application has been accepted or declined and the reasons for it being declined (if applicable). Exercise of Discretion 6. Where you consider that the applicant fulfils the requirements of section 69c of the Act, you must grant a disability allowance only if, having regard to the following matters, you believe such grant is justified: (a) The assistance that is or might be available to the applicant from other sources to pay the expenses; (b) The matters referred to in clause 2 (d); and (c) Any other matters you consider to be relevant. 7. Nothing in this direction requires you to grant an disability allowance if, in the exercise of your discretion, you determine such grant ought not to be made.