Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 965

Carer allowance not payable to more than one member of a couple

             (1)  Subject to this section, if one member of a couple is receiving carer allowance for a care receiver or care receivers, carer allowance is not payable to the other member of the couple for the same care receiver or care receivers.

             (2)  If:

                     (a)  the Secretary is satisfied that each of the members of a couple is qualified for carer allowance for the same care receiver or care receivers; and

                     (b)  both members of the couple are qualified under section 953, 954 or 954A for carer allowance--each of them has made a claim for carer allowance (whether or not one of them is receiving carer allowance); and

                   (ba)  only one of the members of the couple is qualified under section 953, 954 or 954A for carer allowance--that member has made a claim for carer allowance (whether or not one of them is receiving carer allowance);

the Secretary is to make a declaration:

                     (c)  stating that the Secretary is satisfied that each of them is qualified for carer allowance for the care receiver or care receivers; and

                     (d)  naming one of them as the member of the couple to whom carer allowance is payable for the care receiver or care receivers.

             (3)  If such a declaration is made, carer allowance for the care receiver or care receivers to which the declaration relates is not payable to the member of the couple who is not named in the declaration as mentioned in paragraph (2)(d).

             (4)  The Secretary is to give notice of the declaration to each of the members of the couple involved.

             (5)  In making the declaration, the Secretary must have regard to whether one member of the couple is the primary carer for the care receiver or care receivers.



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