Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 197

Definitions

             (1)  In this Part, unless the contrary intention appears:

"Adult Disability Assessment Tool" has the meaning given by subsection 38C(3).

"care" includes attention and supervision.

"care child" means:

                     (a)  a sole care child; or

                     (b)  a combined care child; or

                     (c)  a multiple care child.

"care receiver" has the meaning given by subsection 197B(1), 197C(1), 197D(1), 197E(1), 197G(1), 197H(1) or 198(2).

"combined care child" has the meaning given by subsection (4).

"Disability Care Load Assessment (Child) Determination" has the meaning given by subsection 38E(1).

"disabled adult" means a person aged 16 or more who:

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

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

"higher ADAT score adult" means a disabled adult who is a care receiver because paragraph 198(2)(a) applies.

"lower ADAT score adult" means a disabled adult who is a care receiver because subparagraph 197D(1)(a)(i), or paragraph 198(2)(d) applies.

"multiple care child" has the meaning given by subsection (5).

"parent" of:

                     (a)  a child with a severe disability or severe medical condition; or

                     (b)  a child with a disability or medical condition; or

                     (c)  a child who has a terminal condition;

includes a person who has been granted guardianship of the child under a law of the Commonwealth, a State or a Territory.

"sole care child" has the meaning given by subsections (2) and (3).

"treating health professional" means a person who is determined under section 38F to be a treating health professional.

Sole care child

             (2)  Subject to subsections (6) and (7), a person with a severe disability or severe medical condition is a sole care child if the provisions listed in one of the following paragraphs apply in relation to him or her as a care receiver:

                     (a)  paragraphs 197B(1)(a), (b) and (c);

                     (b)  subparagraph 197G(1)(a)(i) and paragraphs 197G(1)(b) and (c);

                     (c)  paragraphs 197H(1)(a) and (b).

             (3)  Subject to subsection (7), a person who has a terminal condition is a sole care child if paragraphs 197E(1)(a) and (b) apply in relation to the person as a care receiver. For the purposes of this subsection, assume that paragraph 197E(1)(a) continues to apply in relation to the person if:

                     (a)  the person has turned 16; and

                     (b)  subsection 197E(2) applies in relation to him or her as a care receiver.

Combined care child

             (4)  Subject to subsections (6) and (7), a person with a disability or medical condition is a combined care child if the provisions listed in one of the following paragraphs apply in relation to him or her as a care receiver or as one of 2 or more care receivers:

                     (a)  paragraphs 197C(1)(a), (b) and (c);

                     (b)  subparagraph 197G(1)(a)(ii) and paragraphs 197G(1)(b) and (c);

                     (c)  paragraphs 197H(1)(a) and (b).

Multiple care child

             (5)  Subject to subsections (6) and (7), a person with a disability or medical condition is a multiple care child if the provisions listed in one of the following paragraphs apply in relation to him or her as a care receiver or as one of 2 or more care receivers:

                     (a)  subparagraph 197D(1)(a)(ii) and paragraphs 197D(1)(b) and (c);

                     (b)  subparagraph 197G(1)(a)(ii) and paragraphs 197G(1)(b) and (c);

                     (c)  paragraphs 197H(1)(a) and (b).

Person may be over 16

             (6)  For the purposes of subsections (2), (4) and (5), assume that paragraph 197B(1)(a) or 197C(1)(a), subparagraph 197D(1)(a)(ii) or paragraph 197G(1)(b) or 197H(1)(b) (as the case requires) continues to apply in relation to the person if:

                     (a)  the person has turned 16; and

                     (b)  the person has not been assessed and rated and given a score under the Adult Disability Assessment Tool.

Constant care

             (7)  If section 197F applies in relation to the person as a care receiver or as one of 2 or more care receivers, it does not matter that the care provided for the person is not constant care.



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