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SOCIAL SECURITY ACT 1991 - SECT 953

Qualification for carer allowance--caring for either 1 or 2 disabled children

Single child

             (1)  A person is qualified for carer allowance for a disabled child (the care receiver ) if:

                     (a)  the care receiver is a dependent child (disregarding subsection 5(3)) of the person; and

                     (b)  the care receiver is an Australian resident; and

                     (d)  because of the disability from which the care receiver is suffering, the care receiver receives care and attention on a daily basis from:

                              (i)  if the person is a member of a couple--the person, the person's partner or the person together with another person (whether or not the person's partner); or

                             (ii)  if the person is not a member of a couple--the person or the person together with another person;

                            in a private home that is the residence of the person and the care receiver; and

                     (e)  either of the following applies:

                              (i)  the disability from which the care receiver is suffering is declared, under subsection 38E(3), to be a recognised disability for the purposes of this section;

                             (ii)  the person has been given a qualifying rating of intense under the Disability Care Load Assessment (Child) Determination for caring for the care receiver; and

                      (f)  the person is an Australian resident; and

                     (g)  the person satisfies the carer allowance income test under section 957A.

2 children

             (2)  A person is qualified for carer allowance for 2 disabled children (the care receivers ) if:

                     (a)  each care receiver is a dependent child (disregarding subsection 5(3)) of the person; and

                     (b)  each care receiver is an Australian resident; and

                     (d)  because of the disability from which each care receiver is suffering, each care receiver receives care and attention on a daily basis from:

                              (i)  if the person is a member of a couple--the person, the person's partner or the person together with another person (whether or not the person's partner); or

                             (ii)  if the person is not a member of a couple--the person or the person together with another person;

                            in a private home that is the residence of the person and each care receiver; and

                     (e)  the person has been given a qualifying rating of intense under the Disability Care Load Assessment (Child) Determination for caring for the care receivers; and

                      (f)  the person is an Australian resident; and

                     (g)  the person satisfies the carer allowance income test under section 957A.

Note 1:       For Australian resident see section 7.

Note 2:       For qualification for carer allowance in circumstances of hospitalisation, see section 955.

Note 4:       For the effect of temporary cessation of care and attention on carer allowance, see section 957.

Note 5:       For the effect of 2 people being qualified for carer allowance, see sections 964 and 965.



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