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SOCIAL SECURITY ACT 1991 - SECT 198AC

Effect of cessation of care etc. on carer payment

Continuation of payment where temporary cessation of care

             (1)  Subject to subsection (3), if:

                     (a)  a person is qualified (except under section 197G or 197H) for a carer payment:

                              (i)  because the person is personally providing constant care for a care receiver or care receivers; or

                             (ii)  if the person is qualified because of section 197F--because the person is personally providing care for care receivers; and

                     (b)  the person temporarily ceases to provide that care for the care receiver or care receivers;

the person does not cease to be qualified for the carer payment merely because of that cessation.

          (1A)  Subject to subsections (3) and (3A), if:

                     (a)  a person is qualified for a carer payment:

                              (i)  under section 197G or 197H because the person is personally providing constant care for a care receiver or care receivers; or

                             (ii)  under section 197G or 197H because of section 197F because the person is personally providing care for care receivers; and

                     (b)  the person temporarily ceases to provide that care for the care receiver or care receivers;

the person does not cease to be qualified for the carer payment merely because of that cessation.

Continuation of payment after hospitalisation--section 198AA ceases to apply

             (2)  Subject to subsections (3) and (3A), if:

                     (a)  a person is qualified for a carer payment under section 198AA because the person is participating in the care of an adult or child in hospital; and

                     (b)  apart from this subsection, the person would later cease to be qualified for carer payment under that section; and

                     (c)  either:

                              (i)  the person would not cease to be qualified for a carer payment if the person were providing constant care for the adult or child, or the adult or child and another person; or

                             (ii)  if the person qualified under section 198AA because of section 197F--the person would not cease to be qualified for a carer payment if the person were providing care for the adult or child, or the adult or child and another person;

the person does not cease to be qualified for carer payment merely because of the lack of provision of that care.

Limit on subsections (1) and (2)

             (3)  Subject to subsection (3B), the period, or the sum of the periods, for which subsection (1) or (2), or a combination of those subsections, can apply is:

                     (a)  63 days in any calendar year; or

                     (b)  another period that the Secretary, for any special reason in the particular case, decides to be appropriate.

          (3A)  The period (or the sum of the periods) for which subsection (1A) or (2) (or a combination of those subsections) can apply to the person in a calendar year is the number of whole days worked out in accordance with the formula:

where:

"carer payment period" , in relation to a calendar year, means:

                     (a)  if only 197G applied to the person to any extent in the calendar year--the number of days in the period determined under that section that fall in the calendar year; or

                     (b)  if sections 197G and 197H applied to the person to any extent in the calendar year--the number of days worked out by adding the days in each period determined under those sections to the extent that those days fall in the calendar year.

It does not matter whether section 197G or 197H (or both of them) apply because of section 197F or not.

"limit" , in relation to a calendar year, means:

                     (a)  63 days; or

                     (b)  another number of days in the calendar year that the Secretary, for any special reason in the particular case, decides to be appropriate.

          (3B)  If:

                     (a)  because of subsection (1A), the person does not cease to be qualified in a calendar year for a carer payment under section 197G or 197H for a care receiver or care receivers; and

                     (b)  the number of days (the qualifying days ) for which the person does not cease to be qualified (whether under subsection (1A) or (2), or a combination of them) in the calendar year is not more than the number of days worked out under subsection (3A) in relation to the person; and

                     (c)  subsequently in the calendar year, the person begins to qualify for a carer payment because of section 197J for the care receiver or care receivers;

subsection (3) applies as if the periods referred to in whichever of paragraphs (a) and (b) of that subsection apply were reduced by the number of qualifying days.

Cessation of constant personal care in order to undertake training etc.

             (4)  If:

                     (a)  a person is qualified for carer payment because the person is personally providing constant care for a care receiver or care receivers; and

                     (b)  the person temporarily ceases to provide that care in order to undertake training, education, unpaid voluntary work or paid employment; and

                     (c)  the cessation does not exceed 25 hours per week;

the person does not cease to be qualified for the carer payment merely because of the cessation.

Cessation of participation in hospital care in order to undertake training etc.

             (5)  If:

                     (a)  a person is qualified for carer payment because the person is participating in the care of another person in hospital; and

                     (b)  the person temporarily ceases to participate in the care in order to undertake training, education, unpaid voluntary work or paid employment; and

                     (c)  the cessation does not exceed 25 hours per week;

the person does not cease to be qualified for the carer payment merely because of the cessation.



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