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SOCIAL SECURITY ACT 1991 - SECT 731HA

Relief from activity test--persons who would be qualified for carer payment under section 197B, 197C, 197D or 197E

Person taken to satisfy the activity test

             (1)  A person to whom this Subdivision applies is taken to satisfy the activity test during any period during which:

                     (a)  subsection (2) (personally providing care to another person) applies to the person; or

                     (b)  subsection (3) (participating in the care in hospital of another person) applies to the person.

If subsection (3) applies to the person, subsection (4) sets out a limit on the period during which the person is taken to satisfy the activity test for participating in the care of a disabled adult in hospital.

Personally providing care

             (2)  This subsection applies to the person if:

                     (a)  if the provisions referred to in subsection (5) were disregarded, the person would qualify for a carer payment under section 197B, 197C, 197D or 197E (whether or not because of section 197F) for caring for one or more of the following or for persons who include the following:

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

                             (ii)  a child who has a terminal condition;

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

                            (iv)  a lower ADAT score adult; and

                     (b)  either:

                              (i)  the care is provided in a private residence that is the home of the person or persons for whom care is provided; or

                             (ii)  if a section referred to in paragraph (a) applies to the person because of section 197F--the care is provided in a private residence that is a home of the person or persons for whom care is provided.

Participating in care of person in hospital

             (3)  This subsection applies to the person if:

                     (a)  the person is participating in the care in hospital of another person (the hospitalised person ); and

                     (b)  it is reasonable to assume that, if the hospitalised person were not in hospital and the provisions referred to in subsection (5) were disregarded, the person would qualify under section 197B, 197C, 197D or 197E (whether or not because of section 197F) for a carer payment for caring for the hospitalised person, or for the hospitalised person and one or more other persons; and

                     (c)  one of the following applies:

                              (i)  the hospitalised person is terminally ill;

                             (ii)  it is reasonable to expect that, upon leaving hospital, the hospitalised person will reside in a private residence that is the home of the hospitalised person.

             (4)  The period, or the sum of the periods, for which a person to whom this Subdivision applies is taken to satisfy the activity test because of subsection (3) for participating in the care in hospital of a disabled adult must not exceed:

                     (a)  63 days in any calendar year; or

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

Note:          There is no limit for a hospitalised person who is a child.

Disregard certain provisions of sections 197B, 197C, 197D and 197E

             (5)  For the purposes of paragraphs (2)(a) and (3)(b), disregard the following:

                     (a)  subsection 197B(3) and paragraphs 197B(4)(b), (c) and (d);

                     (b)  subsection 197C(3) and paragraphs 197C(4)(b), (c) and (d);

                     (c)  subsection 197D(3) and paragraphs 197D(4)(b), (c) and (d);

                     (d)  subsection 197E(4) and paragraphs 197E(5)(b), (c) and (d).

Meaning of expressions in this section

             (6)  An expression used in this section that is defined for the purposes of Part 2.5 has the same meaning in this section as it has in that Part.



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