Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 197E

  (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), if:

  (a)   a person is qualified under subsection   (1) for a carer payment for caring for a care receiver aged under 16; and

  (b)   the care receiver turns 16; and

  (c)   apart from the care receiver turning 16, the person would remain qualified for a carer payment under subsection   (1);

then the person remains qualified for a carer payment under subsection   (1) until the later of the following:

  (d)   the end of the day before the day the care receiver turns 18;

  (e)   if the person ensures that, on or before the day the care receiver turns 18, the Secretary is given all the information, statements and other materials that are needed in order for the care receiver to be assessed and rated and given a score under the Adult Disability Assessment Tool--the end of the day before the first day on which the care receiver is given such a score.

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.