Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 38E

Disability Care Load Assessment (Child) Determination

  (1)   The Secretary may, by legislative instrument (the Disability Care Load Assessment (Child) Determination ):

  (a)   devise a test for assessing the functional ability, behaviour and special care needs of a person aged under 16 (the child ), that includes an assessment that must be completed only by a treating health professional; and

  (b)   provide a method for rating the care needs of the child; and

  (c)   provide a method for giving a qualifying rating to a person (the carer ) who is caring for the child that takes into account:

  (i)   the care provided for the child by the carer; and

  (ii)   the assessment completed by the treating health professional.

  (2)   If a carer who is caring for a child also cares for one or more other persons (whether or not aged under 16), the Disability Care Load Assessment (Child) Determination may provide a method for giving a qualifying rating to the carer that takes into account:

  (a)   both:

  (i)   the care provided for the child by the carer; and

  (ii)   the assessment completed by the treating health professional; and

  (b)   the care provided by the carer for each other person.

  (3)   The Disability Care Load Assessment (Child) Determination may, in addition, declare that a physical, intellectual or psychiatric disability specified in the determination is a recognised disability for the purposes of section   953.


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