Commonwealth Consolidated Acts

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Qualification--child who has a terminal condition

             (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

                     (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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