SOCIAL SECURITY ACT 1991 - SECT 197D Qualification--disabled adult and one or more children each with a disability or medical condition
SOCIAL SECURITY ACT 1991 - SECT 197D
Qualification--disabled adult and one or more children each with a disability or medical conditionDisabled adult and one or more children each with a disability or medical condition
(1) A person is qualified for a carer payment if:
(a) the person personally provides constant care for both or all of the following persons (the care receivers ):
(i) a disabled adult who has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 20, being a score calculated on the basis of a total professional questionnaire score of at least 8;
(ii) one or more persons aged under 16 each with a disability or medical condition; and
(b) 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
(c) in relation to each care receiver who is aged under 16--a treating health professional has certified in writing that, because of that disability or condition:
(i) the care receiver will need personal care for 6 months or more; and
(ii) the personal care is required to be provided by a specified number of persons; and
(d) the provision of constant care by the person severely restricts the person's capacity to undertake paid employment; and
(e) the person is not qualified for a carer payment under section 198 because of paragraph 198(2)(a) for caring for the care receiver who is the disabled adult; and
(f) the requirements of subsections (2), (3) and (4) are met.
Constant care in home
(2) The constant care must be provided in a private residence that is the home of the care receivers.
Person must be Australian resident
(3) The person must be an Australian resident.
Note: For Australian resident see section 7.
Care receivers: residence and income and assets tests etc.
(4) The care receivers must:
(a) require constant care; and
(b) be Australian residents; and
(c) pass the income test under section 198A; and
(i) pass the assets test under section 198D; or
(ii) be the subject of a decision in force under subsection
198N(2), (3) or (4) that subparagraph (i) does not disqualify
the person providing the constant care from carer payment.