In 2008 the Federal Government changed 85 different laws so that same-sex couples would be recognised as having many of the same rights and obligations as different-sex defacto couples.
This factsheet talks about changes related to health and ageing. Make sure you have a look through the various factsheets at www.wearitwithpride.com.au to understand how these changes to the law affect you in a range of ways.
One important change is that same-sex couples are now able to receive the same recognition of their family as different-sex couples for the Extended Medicare Safety Net and Pharmaceutical Benefits Scheme (PBS).
Another important change is that same-sex couples’ homes will be exempt from the asset test when one partner moves into an aged care facility but the other person remains in the couple’s home.
For people on a Disability Support Pension, Aged Pension or other pensions, the changes to social security law mean that a same-sex partner’s income will now be taken into account when calculating payment rates. Please see the Social Security Factsheet for more information about this.
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Please note: This factsheet provides general information only. It does not constitute legal advice and may not be applicable to your individual circumstances. If you need specific legal advice contact your local Community Legal Centre.
Last updated: January 2010
Yes. As a same-sex family you are now eligible to combine your out of pocket costs under the Extended Medicare Safety Net to help with medical expenses To access these benefits, you and your partner will need to register as a family with the Extended Medicare Safety Net. Once registered, you and your partner will also be eligible to combine your out of pocket costs for the Original Medicare Safety Net which also provides for an increase in Medicare benefits in certain circumstances.
You may also access the Pharmaceutical Benefits Scheme (PBS) Safety Net, to help with the costs of medicines. You will also need to keep track of your expenses for medicines on a PBS Prescription Record Form and apply for a Safety Net card once the amount you have paid gets close to the threshold. Ask your pharmacist about the PBS Safety Net.
If you have children in your care, they may also be included in both safety nets.
Yes. As a same-sex family you are now eligible to combine your out of pocket costs under the Extended Medicare Safety Net to help with medical expenses To access these benefits, you and your partner will need to register as a family with the Extended Medicare Safety Net. Once registered, you and your partner will also be eligible to combine your out of pocket costs for the Original Medicare Safety Net which also provides for an increase in Medicare benefits in certain circumstances.
You may also access the Pharmaceutical Benefits Scheme (PBS) Safety Net, to help with the costs of medicines. You will also need to keep track of your expenses for medicines on a PBS Prescription Record Form and apply for a Safety Net card once the amount you have paid gets close to the threshold. Ask your pharmacist about the PBS Safety Net.
If you have children in your care, they may also be included in both safety nets.
Many types of medicine actually cost much more than the price you pay. The Australian Government pays most of it for you through the Pharmaceutical Benefits Scheme (PBS). If you or your family need a lot of medicine within one calendar year, the PBS Safety Net helps you with the costs. You need to keep a record of your PBS medicine on a Prescription Record Form (PRF), which you can get from any pharmacy. Alternatively, some pharmacies may keep records for their regular customers.  You should note that if you choose a more expensive brand of medicine, or if your doctor prescribes one, the extra amount you pay won’t count towards your PBS Safety Net.
When you are close to reaching the Safety Net threshold, you can apply for a Safety Net card at any pharmacy or Medicare office. Â Once the pharmacist has issued your Safety Net card, medicine will be less expensive or free for the rest of the calendar year.
You can register by downloading a Medicare Safety Net registration form online or you can pick one up from a Medicare office. Completed forms can be placed in the drop box at most local Medicare offices or you can mail forms to GPO Box 9822 in your capital city. You can also register over the phone by calling 132 011.
Laws about next of kin, wills, medical powers of attorney and powers of guardianship are state-based laws and therefore are not part of the Federal reform package. It is important to protect yourself by determining who can make decisions on your behalf, for example to determine treatment regimes in the event of terminal illness or the continuation of life support in the event of a persistent vegetative state and, to ensure that your partner has access to property if you die. Contact your local Community Legal Centre for more information about how to protect yourself and your partner.
Please note: This factsheet provides general information only. It does not constitute legal advice and may not be applicable to your individual circumstances. If you need specific legal advice contact your local Community Legal Centre.
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