2008-2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 (Families, Housing, Community Services and Indigenous Affairs) A Bill for an Act to amend the Social Security Act 1991, and for related purposes [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Schedule(s) ......................................................................................... 1 Schedule 1--Amendme nt of the Social Security Act 1991 3 Schedule 2--Amendme nt of the Social Security (Administration) Act 1999 25 i Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 [Page Break] 2 1991, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Social Security Legislation 6 Amendment (Improved Support for Carers) Act 2009. 7 2 Commence ment 8 This Act commences on 1 July 2009. 9 3 Schedule(s) 10 Each Act that is specified in a Schedule to this Act is amended or 11 repealed as set out in the applicable items in the Schedule Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 1 [Page Break] 2 according to its terms. 3 2 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 [Page Break] 1 2 Schedule 1--Amendment of the Social 3 Security Act 1991 4 5 1 Subsection 23(1) (paragraph (a) of the definition of family 6 law order) 7 Omit "within the meaning of section 64B of the Family Law Act 1975". 8 2 Subsection 23(1) 9 Insert: 10 parenting order has the meaning given by section 64B of the 11 Family Law Act 1975. 12 3 At the end of Part 1.3 13 Add: 14 38E Disability Care Load Assessment (Child) Determination 15 (1) The Secretary may, by legislative instrument (the Disability Care 16 Load Assessment (Child) Determination): 17 (a) devise a test for assessing the functional ability, behaviour 18 and special care needs of a person aged under 16 (the child), 19 that includes an assessment that must be completed only by a 20 treating health professional; and 21 (b) provide a method for rating the care needs of the child; and 22 (c) provide a method for giving a qualifying rating to a person 23 (the carer) who is caring for the child that takes into account: 24 (i) the care provided for the child by the carer; and 25 (ii) the assessment completed by the treating health 26 professional. 27 (2) If a carer who is caring for a child also cares for one or more other 28 persons (whether or not aged under 16), the Disability Care Load 29 Assessment (Child) Determination may provide a method for 30 giving a qualifying rating to the carer that takes into account: 31 (a) both: 32 (i) the care provided for the child by the carer; and Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 3 [Page Break] 1 (ii) the assessment completed by the treating health 2 professional; and 3 (b) the care provided by the carer for each other person. 4 38F Treating health professional 5 The Secretary may, by legislative instrument, determine that a 6 person, or any person included in a class of persons, is a treating 7 health professional for the purposes of this Act (other than for the 8 purposes of the Adult Disability Assessment Tool or the Child 9 Disability Assessment Tool). 10 4 Subsection 197(1) (definition of care receiver) 11 After "subsection", insert "197B(1), 197C(1), 197D(1), 197E(1), 12 197G(1), 197H(1) or". 13 5 Subsection 197(1) 14 Insert: 15 Disability Care Load Assessment (Child) Determination has the 16 meaning given by subsection 38E(1). 17 6 Subsection 197(1) (definition of lower ADAT score adult) 18 After "because", insert "subparagraph 197D(1)(a)(i), or". 19 7 Subsection 197(1) (definition of profoundly disabled child) 20 Repeal the definition. 21 8 Subsection 197(1) 22 Insert: 23 treating health professional means a person who is determined 24 under section 38F to be a treating health professional. 25 9 Subsections 197(2), (2AA) and (2A) 26 Repeal the subsections. 27 10 Before section 198 28 Insert: 4 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 [Page Break] 1 197A Overview--circumstances in which pe rson is qualified for 2 carer payme nt 3 (1) The following sections set out the circumstances in which a person 4 is qualified for a carer payment: 5 (a) section 197B (child with a severe disability or severe medical 6 condition); 7 (b) section 197C (2 or more children each with a disability or 8 medical condition); 9 (c) section 197D (disabled adult and one or more children each 10 with a disability or medical condition); 11 (d) section 197E (child who has a terminal condition); 12 (e) section 197F (exchanged care of children); 13 (f) section 197G (short term or episodic care of children); 14 (g) section 197H (extension of short term or episodic care of 15 children); 16 (h) section 198 (disabled adult, or disabled adult and dependent 17 child); 18 (i) section 198AA (hospitalisation). 19 (2) In addition, sections 198AB and 198AC allow a person to continue 20 to qualify for a carer payment in certain short-term circumstances. 21 197B Qualification--child with a severe disability or severe medical 22 condition 23 Child with a severe disability or severe medical condition 24 (1) A person is qualified for a carer payment if: 25 (a) the person personally provides constant care for a person (the 26 care receiver) aged under 16 with a severe disability or 27 severe medical condition; and 28 (b) the person has been given a qualifying rating of intense under 29 the Disability Care Load Assessment (Child) Determination 30 for caring for the care receiver; and 31 (c) a treating health professional has certified in writing that, 32 because of that disability or condition: 33 (i) the care receiver will need personal care for 6 months or 34 more; and Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 5 [Page Break] 1 (ii) the personal care is required to be provided by a 2 specified number of persons; and 3 (d) the provision of constant care by the person severely restricts 4 the person's capacity to undertake paid employment; and 5 (e) the requirements of subsections (2), (3) and (4) are met. 6 Constant care in home 7 (2) The constant care must be provided in a private residence that is 8 the home of the care receiver. 9 Person must be Australian resident 10 (3) The person must be an Australian resident. 11 Note: For Australian resident see section 7. 12 Care receiver: residence and income and assets tests etc. 13 (4) The care receiver must: 14 (a) require constant care; and 15 (b) be an Australian resident; and 16 (c) pass the income test under section 198A; and 17 (d) either: 18 (i) pass the assets test under section 198D; or 19 (ii) be the subject of a decision in force under subsection 20 198N(2), (3) or (4) that subparagraph (i) does not 21 disqualify the person providing the constant care from 22 carer payment. 23 197C Qualification--2 or more children each with a disability or 24 medical condition 25 Children each with a disability or medical condition 26 (1) A person is qualified for a carer payment if: 27 (a) the person personally provides constant care for 2 or more 28 persons (the care receivers) aged under 16 each with a 29 disability or medical condition; and 30 (b) the person has been given a qualifying rating of intense under 31 the Disability Care Load Assessment (Child) Determination 32 for caring for the care receivers; and 6 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 [Page Break] 1 (c) in relation to each care receiver--a treating health 2 professional has certified in writing that, because of that 3 disability or condition: 4 (i) the care receiver will need personal care for 6 months or 5 more; and 6 (ii) the personal care is required to be provided by a 7 specified number of persons; and 8 (d) the provision of constant care by the person severely restricts 9 the person's capacity to undertake paid employment; and 10 (e) the requirements of subsections (2), (3) and (4) are met. 11 Constant care in home 12 (2) The constant care must be provided in a private residence that is 13 the home of the care receivers. 14 Person must be Australian resident 15 (3) The person must be an Australian resident. 16 Note: For Australian resident see section 7. 17 Care receivers: residence and income and assets tests etc. 18 (4) The care receivers must: 19 (a) require constant care; and 20 (b) be Australian residents; and 21 (c) pass the income test under section 198A; and 22 (d) either: 23 (i) pass the assets test under section 198D; or 24 (ii) be the subject of a decision in force under subsection 25 198N(2), (3) or (4) that subparagraph (i) does not 26 disqualify the person providing the constant care from 27 carer payment. 28 197D Qualification--disabled adult and one or more children each 29 with a disability or medical condition 30 Disabled adult and one or more children each with a disability or 31 medical condition 32 (1) A person is qualified for a carer payment if: Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 7 [Page Break] 1 (a) the person personally provides constant care for both or all of 2 the following persons (the care receivers): 3 (i) a disabled adult who has been assessed and rated under 4 the Adult Disability Assessment Tool and given a score 5 under that assessment tool of at least 20, being a score 6 calculated on the basis of a total professional 7 questionnaire score of at least 8; 8 (ii) one or more persons aged under 16 each with a 9 disability or medical condition; and 10 (b) the person has been given a qualifying rating of intense under 11 the Disability Care Load Assessment (Child) Determination 12 for caring for the care receivers; and 13 (c) in relation to each care receiver who is aged under 16--a 14 treating health professional has certified in writing that, 15 because of that disability or condition: 16 (i) the care receiver will need personal care for 6 months or 17 more; and 18 (ii) the personal care is required to be provided by a 19 specified number of persons; and 20 (d) the provision of constant care by the person severely restricts 21 the person's capacity to undertake paid employment; and 22 (e) the person is not qualified for a carer payment under 23 section 198 because of paragraph 198(2)(a) for caring for the 24 care receiver who is the disabled adult; and 25 (f) the requirements of subsections (2), (3) and (4) are met. 26 Constant care in home 27 (2) The constant care must be provided in a private residence that is 28 the home of the care receivers. 29 Person must be Australian resident 30 (3) The person must be an Australian resident. 31 Note: For Australian resident see section 7. 32 Care receivers: residence and income and assets tests etc. 33 (4) The care receivers must: 34 (a) require constant care; and 35 (b) be Australian residents; and 8 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 [Page Break] 1 (c) pass the income test under section 198A; and 2 (d) either: 3 (i) pass the assets test under section 198D; or 4 (ii) be the subject of a decision in force under subsection 5 198N(2), (3) or (4) that subparagraph (i) does not 6 disqualify the person providing the constant care from 7 carer payment. 8 197E Qualification--child who has a terminal condition 9 (1) A person is qualified for a carer payment if: 10 (a) the person personally provides constant care for a person (the 11 care receiver) aged under 16; and 12 (b) a medical practitioner certifies in relation to the care receiver 13 that: 14 (i) the care receiver has a terminal condition; and 15 (ii) the average life expectancy for a child with the same or 16 a similar condition is not substantially longer than 24 17 months; and 18 (iii) because of the condition the care receiver will need 19 personal care for the remainder of his or her life; and 20 (iv) the personal care is required to be provided by a 21 specified number of persons; and 22 (c) the provision of constant care by the person severely restricts 23 the person's capacity to undertake paid employment; and 24 (d) the requirements of subsections (3), (4) and (5) are met. 25 (2) Despite paragraph (1)(a), the person remains qualified for a carer 26 payment under this section after the care receiver turns 16 until the 27 earlier of the following: 28 (a) the person no longer otherwise qualifies for a carer payment 29 under this section for caring for the care receiver; 30 (b) the care receiver turns 18. 31 Constant care in home 32 (3) The constant care must be provided in a private residence that is 33 the home of the care receiver. Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 9 [Page Break] 1 Person must be Australian resident 2 (4) The person must be an Australian resident. 3 Note: For Australian resident see section 7. 4 Care receiver: residence and income and assets tests etc. 5 (5) The care receiver must: 6 (a) require constant care; and 7 (b) be an Australian resident; and 8 (c) pass the income test under section 198A; and 9 (d) either: 10 (i) pass the assets test under section 198D; or 11 (ii) be the subject of a decision in force under subsection 12 198N(2), (3) or (4) that subparagraph (i) does not 13 disqualify the person providing the constant care from 14 carer payment. 15 197F Qualification--exchanged care of children 16 Purpose of section 17 (1) The purpose of this section is to allow a person to qualify under 18 section 197B, 197C, 197D, 197E, 197G or 197H, or a combination 19 of them, for a carer payment for caring for persons who are or 20 include 2 or more persons aged under 16 despite the fact that the 21 person is not personally providing constant care for the same 22 persons. 23 When section applies 24 (2) This section applies if: 25 (a) the person is a parent of 2 or more persons aged under 16; 26 and 27 (b) the person (the carer) is personally providing care for at least 28 2 of those persons (the care receivers); and 29 (c) the care receivers would qualify the carer for a carer payment 30 under section 197B, 197C, 197D, 197E, 197G or 197H, apart 31 from: 32 (i) the fact that the carer is not personally providing 33 constant care for the care receivers; and 10 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 [Page Break] 1 (ii) the fact that each care receiver has or may have more 2 than one home; and 3 (d) the circumstances in subsection (3) apply in relation to each 4 of the care receivers. 5 Circumstances--family law arrangements 6 (3) The circumstances are: 7 (a) under one or more registered parenting plans, parenting plans 8 or parenting orders that are in force, the care receiver is to 9 live with, or spend time with the carer and the care receiver's 10 other parent (whether or not the care receiver is to live with, 11 or spend time with, someone else); and 12 (b) the length or percentage of time (however described) that the 13 care receiver is to live with, or spend time with, the carer and 14 the other parent is specified in, or worked out in accordance 15 with, the plans or orders; and 16 (c) the carer personally provides constant care for the care 17 receiver when the care receiver is living with, or spending 18 time with, the carer; and 19 (d) the carer does not personally provide constant care for the 20 care receiver only because the terms of the plans or orders 21 require the care receiver to live with, or spend time with, the 22 other parent or someone else; and 23 (e) when the carer is not personally providing care for the care 24 receiver, the carer is personally providing care for one or 25 more other care receivers in relation to whom this subsection 26 also applies. 27 Qualification for a carer payment 28 (4) If this section applies, the carer is taken to be qualified for a carer 29 payment under section 197B, 197C, 197D, 197E, 197G or 197H, 30 or a combination of them, for caring for the care receivers or for 31 persons who include the care receivers, as the case requires. 32 Example: The parents of 3 children each with a disability or medical condition 33 are divorced. Under a registered parenting plan covering all 3 34 children, one parent (the first parent) personally provides care in week 35 1 to: 36 (a) one of the children covered by the plan; and 37 (b) another child who is similarly disabled but who is not covered by 38 the plan. Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 11 [Page Break] 1 The other parent personally provides care for the other 2 children 2 covered by the plan. In week 2, the parents swap care arrangements 3 for the children covered by the plan. 4 The first parent would not qualify for a carer payment under 5 section 197C because he or she is not providing constant care for the 6 same children. However, this section allows the first parent to qualify 7 for a carer payment for providing care for different children. 8 197G Qualification--short term or episodic care of childre n 9 Secretary's determination 10 (1) The Secretary may determine that a person is qualified for a carer 11 payment for a period if: 12 (a) the person is personally providing constant care for one or 13 more persons (the care receiver or care receivers) each with: 14 (i) a severe disability or severe medical condition; or 15 (ii) a disability or medical condition; and 16 (b) each care receiver is aged under 16 at the start of the period; 17 and 18 (c) in relation to each care receiver--a treating health 19 professional has certified in writing that, because of the 20 severe disability or severe medical condition, or because of 21 the disability or medical condition: 22 (i) the care receiver will need personal care for at least 3 23 months but less than 6 months; and 24 (ii) the care is required to be provided by a specified 25 number of persons; and 26 (d) apart from the fact that the care receiver, or care receivers, 27 will need personal care for less than 6 months, the person 28 would qualify for a carer payment: 29 (i) under section 197B or 197C (whether or not because of 30 section 197F) for caring for the care receiver or care 31 receivers; or 32 (ii) under section 197D (whether or not because of 33 section 197F) for caring for the care receiver and 34 another person. 35 Limits on period determined 36 (2) The period determined by the Secretary: 37 (a) must be 3 months or more and less than 6 months; and 12 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 [Page Break] 1 (b) must not begin before the person's start day. 2 Person may remain qualified until end of period even if care 3 receiver turns 16 4 (3) A person does not cease to be qualified for a carer payment under 5 this section only because the care receiver (or any of them) turns 6 16 before the end of the period determined by the Secretary. 7 197H Qualification--extension of short term or episodic care 8 Extension of qualification under section 197G 9 (1) This section applies if: 10 (a) a person is qualified for a carer payment for caring for one or 11 more persons (the care receiver or care receivers) aged under 12 16 for a period (the preceding period): 13 (i) under section 197G; or 14 (ii) if this section has previously applied to the person and 15 the care receiver or care receivers--under the most 16 recent application of this section; and 17 (b) in relation to each care receiver--before the end of the 18 preceding period, and before the care receiver (or any of 19 them) turns 16, the person gives the Secretary a certificate 20 from a treating health professional certifying that: 21 (i) because of a severe disability or severe medical 22 condition, or a disability or medical condition, the care 23 receiver will need personal care for a further period of 24 less than 3 months starting immediately after the end of 25 the preceding period; and 26 (ii) the severe disability or severe medical condition, or 27 disability or medical condition, is the same as, or related 28 to, the severe disability or severe medical condition, or 29 disability or medical condition, that necessitated the 30 care for the preceding period; and 31 (iii) the care is required to be provided by a specified 32 number of persons. 33 Person qualified for further period determined by Secretary 34 (2) The person is qualified for a carer payment for a further period if: Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 13 [Page Break] 1 (a) apart from the fact that the care receiver or care receivers will 2 need personal care for less than 6 months, the person would 3 qualify for a carer payment: 4 (i) under section 197B or 197C (whether or not because of 5 section 197F) for caring for the care receiver or care 6 receivers; or 7 (ii) under section 197D (whether or not because of 8 section 197F) for caring for the care receiver and 9 another person; and 10 (b) the Secretary determines that a carer payment should be 11 granted to the person for the period. 12 (3) The period determined must end not later than 6 months after the 13 first day on which the person started to receive a carer payment 14 under section 197G. 15 Person may remain qualified until end of period even if care 16 receiver turns 16 17 (4) A person does not cease to be qualified for a carer payment under 18 this section only because the care receiver (or any of them) turns 19 16 before the end of the period determined by the Secretary. 20 197J Qualification following qualification for short term or episodic 21 care 22 Purpose of section 23 (1) The purpose of this section is to treat a person as qualified for a 24 carer payment under section 197B, 197C or 197D, or because of 25 197F, for caring for: 26 (a) one or more persons aged under 16; or 27 (b) persons who include one or more persons aged under 16; 28 if, immediately beforehand, the carer was qualified for a carer 29 payment under section 197G or 197H (whether or not because of 30 section 197F) for caring for the person or persons aged under 16. 31 Person taken to be qualified 32 (2) If: 14 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 [Page Break] 1 (a) a person is qualified for a carer payment for caring for one or 2 more care receivers aged under 16 for a period (the 3 preceding period): 4 (i) under section 197G; or 5 (ii) if section 197H has applied to the person and the care 6 receiver or care receivers--under the most recent 7 application of that section; and 8 (b) before the end of the preceding period, and before the care 9 receiver (or any of them) turns 16, the person gives the 10 Secretary a certificate in relation to each of them as required 11 by whichever of subsection (3) or (4) applies; and 12 (c) apart from paragraph 197B(1)(c), 197C(1)(c) or 197D(1)(c), 13 the person would be qualified (whether or not because of 14 section 197F) for a carer payment for caring for the care 15 receiver or care receivers or for persons who include at least 16 one of them; 17 the person is taken to qualify under section 197B, 197C or 197D 18 (as the case requires) for caring for the care receiver or care 19 receivers or for persons who include at least one of them. 20 Note: Paragraphs 197B(1)(c), 197C(1)(c) and 197D(1)(c) require that a 21 treating health professional has certified that the care receiver, or each 22 of them, will need personal care for 6 months or more. 23 (3) If the person was qualified for a carer payment under section 197G 24 or 197H for caring for a care receiver with a severe disability or 25 severe medical condition, there must be a certificate from a treating 26 health professional certifying that: 27 (a) because of a severe disability or severe medical condition the 28 duration of the personal care needed by the care receiver is 6 29 months or more; and 30 (b) the severe disability or severe medical condition is the same 31 as, or related to, the severe disability or severe medical 32 condition that necessitated the care for the preceding period; 33 and 34 (c) the care is required to be provided by a specified number of 35 persons. 36 (4) If the person was qualified for a carer payment under section 197G 37 or 197H for caring for one or more care receivers aged under 16 38 each with a disability or medical condition, there must be a Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 15 [Page Break] 1 certificate in relation to each care receiver from a treating health 2 professional certifying that: 3 (a) because of a disability or medical condition, the duration of 4 the personal care needed by the care receiver is 6 months or 5 more; and 6 (b) the disability or condition is the same as, or related to, the 7 disability or condition that necessitated the care for the 8 preceding period; and 9 (c) the care is required to be provided by a specified number of 10 persons. 11 (5) For the purposes of paragraphs (3)(a) and (4)(a): 12 (a) the 6 months includes any preceding periods under 13 section 197G or under an application of section 197H; and 14 (b) it does not matter if the treating health professional who 15 certified under those sections is the same treating health 16 professional referred to in subsection (3) or (4) or not. 17 197K Remaining qualified for up to 3 months after child turns 16 18 (1) This section applies if: 19 (a) a person is qualified for a carer payment for caring for a care 20 receiver aged under 16 under one of the following provisions: 21 (i) section 197B, 197C or 197D (whether or not because of 22 section 197F); 23 (ii) paragraph 198(2)(d); and 24 (b) the care receiver turns 16; and 25 (c) the care receiver has not been assessed and rated and given a 26 score under the Adult Disability Assessment Tool. 27 (2) If, apart from the care receiver turning 16, the person would remain 28 qualified for a carer payment under that provision, the person 29 remains qualified under that provision for 3 months after the care 30 receiver turns 16. 31 11 Paragraphs 198(2)(b) and (c) 32 Repeal the paragraphs. 33 Note 1: The heading to section 198 is replaced by the heading "Qualification--disabled adult 34 or disabled adult and dependent child". 35 Note 2: The heading to subsection 198(2) is replaced by the heading "Constant care for 36 disabled adult or disabled adult and a dependent child". 16 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 [Page Break] 1 12 At the end of paragraph 198(2)(d) 2 Add: 3 ; and (iv) section 197D does not apply in respect of the care 4 receivers. 5 13 Subsection 198(2) (notes 1 and 2) 6 Repeal the notes, substitute: 7 Note: In a paragraph (d) case, subsection (9) deems certain supervision to 8 constitute care. 9 14 Paragraph 198(5)(a) 10 Repeal the paragraph. 11 15 Subsections 198(8) and (10) 12 Repeal the subsections. 13 16 Section 198AA 14 Repeal the section, substitute: 15 198AA Qualification for carer payment--hospitalisation 16 Participating in care of person in hospital (not qualified under 17 section 197G or 197H) 18 (1) A person (the carer) is qualified for a carer payment if: 19 (a) the carer is participating in the care, in hospital, of one of the 20 following persons (the hospitalised person): 21 (i) a disabled adult; 22 (ii) a child with a severe disability or medical condition; 23 (iii) a child with a disability or medical condition; 24 (iv) a child who has a terminal condition; 25 (v) a dependent child of a disabled adult; and 26 (b) it is reasonable to assume that, if the hospitalised person were 27 not in hospital, the carer would qualify, except under 28 section 197G or 197H (whether or not because of 29 section 197F), for a carer payment for: 30 (i) the hospitalised person; or 31 (ii) the hospitalised person and another person or persons; 32 and Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 17 [Page Break] 1 (c) a requirement in subsection (2) is met. 2 (2) For the purposes of paragraph (1)(c), the requirements are that 3 either: 4 (a) the hospitalised person is terminally ill; or 5 (b) it is reasonable to expect that, upon leaving hospital, the 6 hospitalised person: 7 (i) will reside in a private residence that is the home of the 8 hospitalised person; or 9 (ii) if the carer would qualify for a carer payment because 10 of section 197F for the hospitalised person--will reside 11 in a private residence that is a home of the hospitalised 12 person. 13 Limit on qualification under subsection (1) 14 (3) However, the period, or the sum of the periods, for which the carer 15 can be qualified under subsection (1) for a hospitalised person who 16 is a disabled adult is 63 days in any calendar year. 17 Note: There is no limit under subsection (1) for a hospitalised person who is 18 a child. 19 Short term or episodic care of child (qualified under section 197G 20 or 197H) 21 (4) A person (the carer) qualifies for a carer payment if: 22 (a) the carer is participating in the care, in hospital, of one of the 23 following persons (the hospitalised person): 24 (i) a child with a severe disability or medical condition; 25 (ii) a child with a disability or medical condition; and 26 (b) the Secretary determines in writing that, if the hospitalised 27 person were not in hospital, the carer would qualify under 28 section 197G or 197H (whether or not because of 29 section 197F) for a carer payment for a period or periods for: 30 (i) the hospitalised person; or 31 (ii) the hospitalised person and another person or persons; 32 and 33 (c) it is reasonable to expect that, upon leaving hospital, the 34 hospitalised person: 35 (i) will reside in a private residence that is the home of the 36 hospitalised person; or 18 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 [Page Break] 1 (ii) if the carer would qualify for a carer payment because 2 of section 197F for the hospitalised person--will reside 3 in a private residence that is a home of the hospitalised 4 person. 5 However, the period, or the sum of the periods, for which the carer 6 can be qualified under this subsection for the hospitalised person 7 must not exceed the period, or the sum of the periods, determined 8 under paragraph (b). 9 (5) A person (the carer) qualifies for a carer payment if: 10 (a) the carer is participating in the care, in hospital, of one of the 11 following persons (the hospitalised person): 12 (i) a child with a severe disability or medical condition; 13 (ii) a child with a disability or medical condition; and 14 (b) immediately before the carer began participating in that care, 15 the carer was qualified under section 197G or 197H (whether 16 or not because of section 197F) for a carer payment for a 17 period for: 18 (i) the hospitalised person; or 19 (ii) the hospitalised person and another person or persons; 20 and 21 (c) the person would cease to be qualified under section 197G or 22 197H for a carer payment for the balance of the period only 23 because the person is participating in the care of the 24 hospitalised person in hospital; and 25 (d) it is reasonable to expect that, upon leaving hospital, the 26 hospitalised person: 27 (i) will reside in a private residence that is the home of the 28 hospitalised person; or 29 (ii) if the carer would qualify for a carer payment because 30 of section 197F for the hospita lised person--will reside 31 in a private residence that is a home of the hospitalised 32 person. 33 However, the period, or the sum of the periods, for which the carer 34 can be qualified under this subsection for the hospitalised person 35 must not exceed the balance of the period referred to in 36 paragraph (c). 37 17 Section 952 (at the end of the definition of care receiver) 38 Add "and section 954B". Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 19 [Page Break] 1 18 After section 954A 2 Insert: 3 954B Qualification for carer allowance--receiving care r payment 4 for caring for child or children 5 While: 6 (a) a person is receiving a carer payment for caring for one or 7 more persons (the care receiver or care receivers) other than: 8 (i) a care receiver referred to in subparagraph 9 197D(1)(a)(i); or 10 (ii) a care receiver referred to in paragraph 198(2)(a) or (d); 11 and 12 (b) the person is not, apart from this section, qualified for carer 13 allowance for the care receiver or care receivers; 14 the person is qualified for carer allowance for each care receiver. 15 Note: For the effect of 2 people being qualified for carer allowance for the 16 same care receiver, see sections 964 and 965. 17 19 Paragraph 955(1)(b) 18 After "qualify", insert ", under section 953, 954 or 954A,". 19 Note: The following heading to subsection 955(1) is inserted "Participating in care of person 20 in hospital". 21 20 Subsection 955(2) 22 Repeal the subsection, substitute: 23 Limit on qualification under subsection (1) for disabled adult 24 (2) However, the period, or the sum of the periods, for which the one 25 or more persons can be qualified under subsection (1) for a 26 hospitalised person who is a disabled adult is 63 days in any 27 calendar year. 28 Note: There is no limit for a hospitalised person who is a child. 29 21 Section 956 30 After "qualified", insert ", under section 953, 954 or 954A,". 31 22 Paragraph 957(1)(a) 32 After "qualified", insert ", under section 953, 954 or 954A,". 20 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 [Page Break] 1 23 Paragraph 957(4)(a) 2 After "qualified", insert "under section 953". 3 24 Paragraph 965(2)(b) 4 Before "each", insert "both members of the couple are qualified under 5 section 953, 954 or 954A for carer allowance--". 6 25 After paragraph 965(2)(b) 7 Insert: 8 and (ba) only one of the members of the couple is qualified under 9 section 953, 954 or 954A for carer allowance--that member 10 has made a claim for carer allowance (whether or not one of 11 them is receiving carer allowance); 12 26 Subsection 974(3) 13 Omit "qualified for carer allowance apart", substitute "qualified under 14 section 953, apart". 15 27 Paragraphs 992J(1)(a) and 992L(1)(a) 16 After "this section", insert "or section 954B". 17 28 Paragraph 992MB(1)(b) 18 Repeal the paragraph, substitute: 19 (b) either: 20 (i) the instalment was for a care receiver who was a 21 disabled child or for care receivers who were 2 disabled 22 children; or 23 (ii) the instalment was for a care receiver referred to in 24 paragraph 954B(a). 25 29 At the end of Schedule 1A 26 Add: 27 137 Application--general 28 Subject to clauses 138 and 140, the amendments made by items 1 29 to 16 of Schedule 1 to the Social Security Legislation Amendment 30 (Improved Support for Carers) Act 2009 apply to claims for a carer 31 payment made on or after the commencement of this clause. Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 21 [Page Break] 1 138 Application--subsections 198AA(1) and (3) 2 Subsections 198AA(1) and (3) of this Act as amended by the 3 Social Security Legislation Amendment (Improved Support for 4 Carers) Act 2009 apply to a person who: 5 (a) is receiving a carer payment immediately before 1 July 2009; 6 or 7 (b) makes a claim for a carer payment on or after 1 July 2009. 8 139 Application--subsection 955(2) 9 Subsection 955(2) of this Act as amended by the Social Security 10 Legislation Amendment (Improved Support for Carers) Act 2009 11 applies to a person who: 12 (a) is receiving carer allowance immediately before 1 July 2009; 13 or 14 (b) makes a claim for a carer allowance on or after 1 July 2009. 15 140 Person whose carer payme nt was cancelled on or after 1 July 16 2008 and before 1 July 2010 17 Circumstances in which clause applies 18 (1) This clause applies if: 19 (a) a person (the carer) received or receives a carer payment on 20 or after 1 July 2008 for caring for one or more persons aged 21 under 16; and 22 (b) the carer was or is qualified for the payment under paragraph 23 198(2)(b) or (c) of this Act (whether or not because of 24 clause 141); and 25 (c) the payment was cancelled: 26 (i) with effect before the commencement of this clause; or 27 (ii) with effect on or after that commencement and before 28 1 July 2010; and 29 (d) on or after 1 July 2009 and before 1 July 2010, the carer 30 makes a claim for a carer payment for caring for the same 31 person or persons aged under 16. 22 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 [Page Break] 1 Claim may be assessed as if paragraphs 198(2)(b) and (c) had not 2 been repealed 3 (2) In addition to being assessed against this Act as in force after the 4 commencement of this clause, the carer's claim may be assessed as 5 if paragraphs 198(2)(b) and (c) of this Act had not been repealed. 6 Note: The effect of subclause (2) is that the person may qualify for a carer 7 payment under paragraph 198(2)(b) or (c) or section 197B, 197C or 8 197E. 9 (3) Subject to clause 141, if, because of subclause (2), the person is 10 qualified for a carer payment under paragraph 198(2)(b) or (c) of 11 this Act, this Act (as in force immediately before 1 July 2009) 12 applies in relation to the person. 13 141 Saving--profoundly disabled child and disabled child 14 Profoundly disabled child and disabled child 15 (1) Subject to this clause, if a person was receiving a carer payment 16 immediately before 1 July 2009 because the person was qualified 17 for that payment under paragraph 198(2)(b) or (c) of this Act, this 18 Act (as in force immediately before that time) continues to apply in 19 relation to the person. 20 Remaining qualified for up to 3 months after child turns 16 21 (2) Despite the repeal of paragraphs 198(2)(b) and (c) of this Act by 22 the Social Security Legislation Amendment (Improved Support for 23 Carers) Act 2009, paragraph 197K(1)(a) of this Act applies to a 24 person as if that paragraph included a reference to a person: 25 (a) who was qualified for a carer payment under either of the 26 repealed paragraphs; and 27 (b) who: 28 (i) remains qualified for a carer payment because of 29 subclause (1); or 30 (ii) becomes qualified for a carer payment because of 31 subclause 140(3). 32 Unlimited hospitalisation 33 (3) Despite the repeal of paragraphs 198(2)(b) and (c) of this Act by 34 the Social Security Legislation Amendment (Improved Support for Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 23 [Page Break] 1 Carers) Act 2009, subsection 198AA(1) of this Act applies to a 2 person as if that subsection included a reference to a person: 3 (a) who was qualified for a carer payment under either of the 4 repealed paragraphs; and 5 (b) who: 6 (i) remains qualified for a carer payment because of 7 subclause (1); or 8 (ii) becomes qualified for a carer payment because of 9 subclause 140(3). 10 Automatic qualification for carer allowance 11 (4) Despite the repeal of paragraphs 198(2)(b) and (c) of this Act by 12 the Social Security Legislation Amendment (Improved Support for 13 Carers) Act 2009, section 954B of this Act applies to a person as if 14 paragraph 954B(a) included a reference to a person: 15 (a) who was qualified for a carer payment under either of the 16 repealed paragraphs; and 17 (b) who: 18 (i) remains qualified for a carer payment because of 19 subclause (1); or 20 (ii) becomes qualified for a carer payment because of 21 subclause 140(3). 22 24 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 [Page Break] 1 2 Schedule 2--Amendment of the Social 3 Security (Administration) Act 1999 4 5 1 After section 12E 6 Insert: 7 12F Care r allowance 8 A claim is not required for carer allowance if the person qualifies 9 for the carer allowance under section 954B. 10 2 At the end of Subdivision B of Division 1 of Part 3 11 Add: 12 15A Deemed claim--certain claims for carer allowance 13 Claim for carer payment rejected 14 (1) For the purposes of the social security law, if: 15 (a) on or after 1 July 2009, a person (the carer) makes a claim 16 for a carer payment for caring for a person because the carer 17 is qualified for the payment other than under paragraph 18 198(2)(d); and 19 (b) the Secretary makes a determination rejecting the claim; and 20 (c) within 28 days of being notified of the determination, the 21 carer makes a claim for carer allowance for caring for the 22 person; and 23 (d) the carer is qualified under section 953 of the 1991 Act for 24 carer allowance for the person; and 25 (e) the Secretary is satisfied that it is reasonable that this section 26 be applied; 27 the carer is taken to have made a claim for carer allowance on the 28 day on which the carer made the claim for a carer payment. 29 Carer payment suspended or cancelled 30 (2) For the purposes of the social security law, if: 31 (a) on or after 1 July 2009, a person (the carer) is receiving the 32 carer payment for caring for one or more persons because the Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 25 [Page Break] 1 carer is qualified for the payment other than under paragraph 2 198(2)(d); and 3 (b) the Secretary makes a determination cancelling or suspending 4 the carer's carer payment; and 5 (c) within 28 days of being notified of the determination, the 6 carer makes a claim for carer allowance for caring for the 7 person; and 8 (d) the carer is qualified under section 953 of the 1991 Act for 9 carer allowance for the person; and 10 (e) the Secretary is satisfied that it is reasonable that this section 11 be applied; 12 the carer is taken to have made a claim for carer allowance on the 13 day after the day on which the cancellation or suspension took 14 effect. 15 3 After section 95A 16 Insert: 17 95B Automatic suspension or cancellation--carer allowance 18 If: 19 (a) a person is receiving a carer allowance because the person is 20 qualified for that allowance under section 954B of the 1991 21 Act (receiving carer payment); and 22 (b) the person's carer payment is suspended or cancelled; 23 the carer allowance is by force of this section, suspended or 24 cancelled, as the case may be, on the same day that the person's 25 carer payment is suspended or cancelled. 26 4 Transitional provision--deemed claim for carer allowance 27 Despite the repeal of paragraphs 198(2)(b) and (c) of the Social Security 28 Act 1991 by this Act, subsection 15A(2) of the Social Security 29 (Administration) Act 1999 applies to a person as if paragraph 15A(2)(a) 30 included a reference to a person: 31 (a) who was qualified for a carer payment under either of the 32 repealed paragraphs; and 33 (b) who: 34 (i) remains qualified for a carer payment because of 35 subclause 141(1) of Schedule 1A to the Social Security 36 Act 1991; or 26 Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 [Page Break] 1 (ii) becomes qualified for a carer payment because of 2 subclause 140(3) of Schedule 1A to the Social Security 3 Act 1991. Social Security Legislation Amendment (Improved Support for Carers) Bill 2009 No. , 2009 27