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SOCIAL SECURITY ACT 1991 - SECT 731HB

Relief from activity test--persons who would be qualified for carer payment under section 197G or 197H

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 subsection (2) (personally providing care to another person) applies to the person.

Personally providing care during period determined

             (2)  This subsection applies to the person if:

                     (a)  if the provisions referred to in subsection (7) were disregarded, the person would qualify for a carer payment under section 197G or 197H for a period 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 with a disability or medical condition;

                            (iii)  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 the person would qualify for a carer payment 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.

Relief from activity test during all of period determined (caring for person in hospital)

             (3)  A person to whom this Subdivision and subsection (4) apply is taken to satisfy the activity test during any period that does not exceed the period, or the sum of the periods, (as the case requires) determined under paragraph (4)(b).

             (4)  This subsection applies to a person if:

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

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

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

                            (iii)  a lower ADAT score adult; and

                     (b)  the Secretary determines in writing that, if the hospitalised person were not in hospital and the provisions referred to in subsection (7) were disregarded, the person would qualify under section 197G or 197H for a carer payment for a period or periods for:

                              (i)  the hospitalised person; or

                             (ii)  the hospitalised person and one or more other 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.

Relief from activity test during balance of period determined (caring for person in hospital)

             (5)  A person to whom this Subdivision and subsection (6) apply is taken to satisfy the activity test during any period that does not exceed the balance of the period referred to in paragraph (6)(b).

             (6)  This subsection applies to a person if:

                     (a)  subsection (2) applies to the person for a period for caring for one or more of the following or for persons who include the following:

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

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

                            (iii)  a lower ADAT score adult; and

                     (b)  if the provisions referred to in subsection (7) were disregarded, the person would cease to qualify under section 197G or 197H for a carer payment for the balance of the period only because the person is participating in the care, in hospital, of:

                              (i)  a child referred to in paragraph (a) of this subsection (the hospitalised person ); or

                             (ii)  the hospitalised person and one or more other 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.

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

             (7)  For the purposes of paragraphs (2)(a), (4)(b) and (6)(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).

Meaning of expressions

             (8)  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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