Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SOCIAL SECURITY ACT 1991 - SECT 731J

Relief from activity test--persons who would be qualified for carer payment under section 198 or for carer allowance

Qualification conditions for carer payment under section 198

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

                     (a)  the person meets the qualification conditions for a carer payment set out in subsections 198(2), (3) and (9); or

                     (b)  the following apply:

                              (i)  the person is participating in the care in hospital of another person (the hospitalised person ) who is a disabled adult or a dependent child of a disabled adult;

                             (ii)  it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would meet the qualification conditions for a carer payment set out in subsections 198(2), (3) and (9) for the hospitalised person or for the hospitalised person and one or more other persons;

                            (iii)  either the hospitalised person is terminally ill or it is reasonable to expect that the hospitalised person will reside in the private home of the carer and the hospitalised person upon leaving hospital.

             (2)  However, the period, or the sum of the periods, for which a person to whom this Subdivision applies is taken to satisfy the activity test by virtue of the operation of paragraph (1)(b) 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 dependent child.

             (3)  If subsection (1) (including any subsection of section 198 that is applied under that subsection) uses a term that is defined for the purposes of section 198, it has the same meaning in subsection (1) as it has for the purposes of that section.

Carer allowance

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

                     (a)  the person meets the qualification conditions for carer allowance set out in section 953 as modified by subsection (5); or

                     (b)  the person meets the qualification conditions for carer allowance set out in section 954 as modified by subsection (5); or

                   (ba)  the person meets the qualification conditions for carer allowance set out in section 954A as modified by subsection (5); or

                     (c)  the person is participating in the care in hospital of another person (the hospitalised person ), whether that other person is a disabled child or a disabled adult, and:

                              (i)  it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would meet the qualification conditions for carer allowance set out in section 953 or 954 as so modified, whichever is appropriate, for the hospitalised person, or set out in both of sections 953 and 954 as so modified, for the hospitalised person and another person or persons; and

                             (ii)  either the hospitalised person is terminally ill or it is reasonable to expect that the hospitalised person will reside in the private home of the carer and the hospitalised person upon leaving hospital.

             (5)  In this section:

                     (a)  a reference to section 953 as modified by this subsection is a reference to section 953, subject to:

                              (i)  the substitution of a requirement that care receivers be in Australia for the requirement in paragraphs 953(1)(b) and (2)(b); and

                             (ii)  the omission of paragraphs 953(1)(f) and (2)(f); and

                     (b)  a reference to section 954 as modified by this subsection is a reference to section 954, subject to:

                              (i)  the substitution of a requirement that the care receiver be in Australia for the requirement in paragraph 954(1)(a); and

                             (ii)  the omission of paragraph 954(1)(f); and

                     (c)  a reference to section 954A as modified by this subsection is a reference to section 954A, subject to:

                              (i)  the substitution of a requirement that the care receiver be in Australia for the requirement in paragraph 954A(1)(a); and

                             (ii)  the omission of paragraph 954A(1)(e).

             (6)  However, the period, or the sum of the periods, for which a person to whom this Subdivision applies is taken to satisfy the activity test by virtue of the operation of paragraph (4)(c) 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.

             (7)  If subsection (4) (including one or more of sections 953, 954 and 954A as modified by subsection (5) and applied under subsection (4)) uses a term that is defined for the purposes of one or more of sections 953, 954 and 954A, that term has the same meaning in subsection (4) as it has for the purposes of one or more of those sections.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback