If I disagree with a decision about my Seniors Health Card, can I get it reviewed?

In Plain English

Yes, if you're not happy with a decision made about your Seniors Health Card, you can ask for it to be reviewed. This applies whether you're initially claiming the card or if the decision is about you losing your entitlement to it.

To request a review, you need to do the following:

• Make the request within 3 months of being told about the decision.
• Write down the reasons why you disagree with the decision.
• Put your request in writing.
• Lodge it at an office of the Department.

The Commission will then review the decision. After the review, the Commission can either agree with the original decision, change it, or completely overturn it. You will be notified of the outcome in writing, including the reasons for the decision.

Detailed Explanation

Yes, you can request a review of certain decisions regarding Seniors Health Cards. Specifically, section 118ZS of the Veterans' Entitlements Act 1986 outlines the review process:

• Eligibility for Review:
  • A claimant dissatisfied with a decision regarding their claim for a Seniors Health Card can request a review (subsection 118ZS(1)).
  • A person dissatisfied with a decision that they cease to be entitled to a Seniors Health Card can also request a review (subsection 118ZS(2)).
• Application for Review (section 118ZT):
  • The request must be made within 3 months after the person was notified of the decision (subsection 118ZT(1)(a)).
  • The request must set out the grounds on which the request is made (subsection 118ZT(1)(b)).
  • The request must be in writing (subsection 118ZT(1)(c)).
  • The request must be lodged at an office of the Department in Australia in accordance with section 5T (subsection 118ZT(1)(d)).
• Commission's Powers on Review (section 118ZU):
  • The Commission must review the decision if a request is made in accordance with subsection 118ZT(1) (subsection 118ZT(2)).
  • The Commission must either affirm the decision or set it aside (subsection 118ZU(1)).
  • If the Commission sets the decision aside, it must substitute a new decision in accordance with the Veterans' Entitlements Act 1986, unless the decision was about ceasing entitlement to a seniors health card (subsections 118ZU(2) and (3)).
• Written Record and Notification (sections 118ZW and 118ZX):
  • The Commission must make a written record of its decision, including findings on material questions of fact, the evidence those findings are based on, and the reasons for the decision (section 118ZW).
  • The person who requested the review must be notified of the decision, provided with a copy of the decision and the written record (section 118ZX).