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SOCIAL SECURITY ACT 1991 - SECT 1061ZK

Qualification: general rules

             (1)  A person is qualified for a health care card on a day if this section applies to the person on that day.

             (2)  This section applies to a child on a day if a person is qualified under Part 2.19 for carer allowance for the child on that day.

             (3)  This section applies to a disabled child on a day if all of the following paragraphs are satisfied on that day:

                     (a)  the child is or would, but for subsection 5(3), be a dependent child of another person (the carer );

                     (b)  because of his or her disability, the child needs, on a daily basis, a level of care and attention that is substantially more than that needed by a person of the same age who does not have a physical, intellectual or psychiatric disability;

                     (c)  the child receives care and attention on a daily basis from:

                              (i)  if the carer is a member of a couple--the carer, the carer's partner or the carer together with another person (whether or not the carer's partner); or

                             (ii)  if the carer is not a member of a couple--the carer or the carer together with another person;

                     (d)  that care and attention is received in a private home that is the residence of the child and the carer;

                     (e)  the carer satisfies the carer allowance income test under section 957A.

          (3A)  This section applies to a person on a day if a person is qualified under section 197G or 197H or subsection 198AA(4) or (5) (whether or not because of section 197F) for a carer payment on that day.

             (4)  This section applies to a person on a day if, on that day:

                     (a)  the person is entitled, under the Family Assistance Administration Act, to be paid family tax benefit by instalment; and

                     (b)  the person's daily rate of family tax benefit consists of, or includes, a Part A rate calculated under Part 2 or 3A of Schedule 1 to the Family Assistance Act that is greater than nil (disregarding reductions (if any) under clause 5 of that Schedule); and

                     (c)  the person's income excess for the purposes of Division 2C of Part 5 of Schedule 1 to the Family Assistance Act is nil.

          (4A)  This section applies to a person on a day if, on that day:

                     (a)  the person has a regular care child; and

                     (b)  the person is not entitled, under the Family Assistance Administration Act, to be paid family tax benefit by instalment; and

                     (c)  the person's income excess for the purposes of Division 2C of Part 5 of Schedule 1 to the Family Assistance Act is nil.

             (5)  This section applies to a person (other than a person who is qualified for a pensioner concession card because of subsection 1061ZA(2A), (2B), (2D) or (2E)) on a day if on that day the person is receiving:

                     (a)  a youth allowance; or

                     (b)  an austudy payment; or

                     (c)  a jobseeker payment; or

                     (d)  a partner allowance; or

                     (e)  a widow allowance; or

                      (f)  benefit PP (partnered); or

                     (g)  sickness allowance; or

                     (h)  special benefit.

             (6)  This section applies to a person on a day if on that day:

                     (a)  the person is receiving a payment under the ABSTUDY Scheme that includes an amount identified as living allowance, where the person satisfies the eligibility criteria for that payment; or

                     (b)  another person, on behalf of the person, is receiving a payment under the ABSTUDY Scheme that includes an amount identified as living allowance.

             (7)  This section applies to a person on a day if, on that day, the person is receiving mobility allowance.

             (8)  In this section:

"disabled child" means a person aged under 16 who:

                     (a)  has a physical, intellectual or psychiatric disability; and

                     (b)  is likely to suffer from that disability permanently or for an extended period.

             (9)  This section has effect subject to section 1061ZN.



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