(1) A person is qualified for a carer payment if:
(a) the person personally provides constant care for a person (the care receiver ) aged under 16; and
(b) a medical practitioner certifies in relation to the care receiver that:
(i) the care receiver has a terminal condition; and
(ii) the average life expectancy for a child with the same or a similar condition is not substantially longer than 24 months; and
(iii) because of the condition the care receiver will need personal care for the remainder of his or her life; and
(iv) the personal care is required to be provided by a specified number of persons; and
(c) the provision of constant care by the person severely restricts the person's capacity to undertake paid employment; and
(d) the requirements of subsections (3), (4) and (5) are met.
(2) Despite paragraph (1)(a), the person remains qualified for a carer payment under this section after the care receiver turns 16 until the earlier of the following:
(a) the person no longer otherwise qualifies for a carer payment under this section for caring for the care receiver;
(b) the care receiver turns 18.
Constant care in home
(3) The constant care must be provided in a private residence that is the home of the care receiver.
Person must be Australian resident
(4) The person must be an Australian resident.
Note: For Australian resident see section 7.
Care receiver: residence and income and assets tests etc.
(5) The care receiver must:
(a) require constant care; and
(b) be an Australian resident; and
(c) pass the income test under section 198A; and
(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.