Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 197D

Qualification--disabled adult and one or more children each with a disability or medical condition

Disabled adult and one or more children each with a disability or medical condition

             (1)  A person is qualified for a carer payment if:

                     (a)  the person personally provides constant care for both or all of the following persons (the care receivers ):

                              (i)  a disabled adult who has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 20, being a score calculated on the basis of a total professional questionnaire score of at least 8;

                             (ii)  one or more persons aged under 16 each with a disability or medical condition; and

                     (b)  the person has been given a qualifying rating of intense under the Disability Care Load Assessment (Child) Determination for caring for the care receivers; and

                     (c)  in relation to each care receiver who is aged under 16--a treating health professional has certified in writing that, because of that disability or condition:

                              (i)  the care receiver will need personal care for 6 months or more; and

                             (ii)  the personal care is required to be provided by a specified number of persons; and

                     (d)  the provision of constant care by the person severely restricts the person's capacity to undertake paid employment; and

                     (e)  the person is not qualified for a carer payment under section 198 because of paragraph 198(2)(a) for caring for the care receiver who is the disabled adult; and

                      (f)  the requirements of subsections (2), (3) and (4) are met.

Constant care in home

             (2)  The constant care must be provided in a private residence that is the home of the care receivers.

Person must be Australian resident

             (3)  The person must be an Australian resident.

Note:          For Australian resident see section 7.

Care receivers: residence and income and assets tests etc.

             (4)  The care receivers must:

                     (a)  require constant care; and

                     (b)  be Australian residents; and

                     (c)  pass the income test under section 198A; and

                     (d)  either:

                              (i)  pass the assets test under section 198D; or

                             (ii)  be the subject of a decision in force under subsection 198N(2), (3) or (4) that subparagraph (i) does not disqualify the person providing the constant care from carer payment.



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