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SOCIAL SECURITY ACT 1991 - SECT 198AA

Qualification for carer payment--hospitalisation

Participating in care of person in hospital (not qualified under section 197G or 197H)

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

                     (a)  the carer is participating in the care, in hospital, of one of the following persons (the hospitalised person ):

                              (i)  a disabled adult;

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

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

                            (iv)  a child who has a terminal condition;

                             (v)  a dependent child of a disabled adult; and

                     (b)  it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would qualify, except under section 197G or 197H (whether or not because of section 197F), for a carer payment for:

                              (i)  the hospitalised person; or

                             (ii)  the hospitalised person and another person or persons; and

                     (c)  a requirement in subsection (2) is met.

             (2)  For the purposes of paragraph (1)(c), the requirements are that either:

                     (a)  the hospitalised person is terminally ill; or

                     (b)  it is reasonable to expect that, upon leaving hospital, the hospitalised person:

                              (i)  will reside in a private residence that is the home of the hospitalised person; or

                             (ii)  if the carer would qualify for a carer payment because of section 197F for the hospitalised person--will reside in a private residence that is a home of the hospitalised person.

Limit on qualification under subsection (1)

             (3)  However, the period, or the sum of the periods, for which the carer can be qualified under subsection (1) for a hospitalised person who is a disabled adult is 63 days in any calendar year.

Note:          There is no limit under subsection (1) for a hospitalised person who is a child.

Short term or episodic care of child (qualified under section 197G or 197H)

             (4)  A person (the carer ) qualifies for a carer payment if:

                     (a)  the carer is participating in the care, in hospital, of one of the following persons (the hospitalised person ):

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

                             (ii)  a child with a disability or medical condition; and

                     (b)  the Secretary determines in writing that, if the hospitalised person were not in hospital, the carer would qualify under section 197G or 197H (whether or not because of section 197F) for a carer payment for a period or periods for:

                              (i)  the hospitalised person; or

                             (ii)  the hospitalised person and another person or persons; and

                     (c)  it is reasonable to expect that, upon leaving hospital, the hospitalised person:

                              (i)  will reside in a private residence that is the home of the hospitalised person; or

                             (ii)  if the carer would qualify for a carer payment because of section 197F for the hospitalised person--will reside in a private residence that is a home of the hospitalised person.

However, the period, or the sum of the periods, for which the carer can be qualified under this subsection for the hospitalised person must not exceed the period, or the sum of the periods, determined under paragraph (b).

             (5)  A person (the carer ) qualifies for a carer payment if:

                     (a)  the carer is participating in the care, in hospital, of one of the following persons (the hospitalised person ):

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

                             (ii)  a child with a disability or medical condition; and

                     (b)  immediately before the carer began participating in that care, the carer was qualified under section 197G or 197H (whether or not because of section 197F) for a carer payment for a period for:

                              (i)  the hospitalised person; or

                             (ii)  the hospitalised person and another person or persons; and

                     (c)  the person would cease to be qualified under section 197G or 197H for a carer payment for the balance of the period only because the person is participating in the care of the hospitalised person in hospital; and

                     (d)  it is reasonable to expect that, upon leaving hospital, the hospitalised person:

                              (i)  will reside in a private residence that is the home of the hospitalised person; or

                             (ii)  if the carer would qualify for a carer payment because of section 197F for the hospitalised person--will reside in a private residence that is a home of the hospitalised person.

However, the period, or the sum of the periods, for which the carer can be qualified under this subsection for the hospitalised person must not exceed the balance of the period referred to in paragraph (c).



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