SOCIAL SECURITY ACT 1991 - SECT 198 Qualification--disabled adult or disabled adult and dependent child

SOCIAL SECURITY ACT 1991 - SECT 198

  (1)   A person is qualified for a carer payment if the requirements of this section are met.

Note:   Sections   198AA, 198AB and 198AC allow the person to qualify in certain short - term circumstances where the requirements would not be met.

Constant care for disabled adult or disabled adult and a dependent child

  (2)   The person must personally provide constant care for:

  (a)   either:

  (i)   if the person is the only person providing the constant care--a disabled adult (the care receiver ) who has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 25, being a score calculated on the basis of a total professional questionnaire score of at least 10; or

  (ii)   if not--a disabled adult (the care receiver ) who has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 80, being a score calculated on the basis of a total professional questionnaire score of at least 32; or

  (d)   a disabled adult and a dependent child of the adult (the care receivers ), where:

  (i)   the disabled adult 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; and

  (ii)   the child is aged under 16; and

  (iii)   if the child is aged 6 or more--carer allowance is payable for the child; and

  (iv)   section   197D does not apply in respect of the care receivers.

Note:   In a paragraph   (d) case, subsection   (9) deems certain supervision to constitute care.

Care in home

  (3)   The care must be provided in a private residence that is the home of the care receiver or care receivers.

Carer in Australia

  (4)   The person must be an Australian resident, unless:

  (a)   the person is in a country in which carer payment may be granted to the person under a scheduled international social security agreement; and

  (b)   the scheduled international social security agreement entered into force on or before 24   December 1992.

Income and assets tests etc.

  (5)   The care receiver or care receivers must:

  (b)   subject to subsection   (6), be Australian residents; and

Note:   For Australian resident see section   7.

  (c)   subject to subsection   (7), pass the income test under section   198A; and

  (d)   subject to subsection   (7), either:

  (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.

Alternative to Australian residence test for higher ADAT score adults

  (6)   Paragraph   (5)(b) does not apply if:

  (a)   the care receiver is the higher ADAT score adult mentioned in paragraph   (2)(a); and

  (b)   the adult is receiving a social security pension; and

  (c)   carer payment may be granted to another person for the adult under a scheduled international social security agreement.

Alternative to income/assets test for higher ADAT score adults

  (7)   Paragraphs   (5)(c) and (d) do not apply if the care receiver is the higher ADAT score adult mentioned in paragraph   (2)(a) and the adult:

  (a)   is receiving a social security pension or benefit, a service pension, income support supplement or a veteran payment; or

  (b)   would be receiving a social security or service pension or income support supplement if he or she had been an Australian resident for a long enough period.

Deemed personal care of disabled adult and dependent child

  (9)   For the purposes of paragraph   (2)(d) and other references in this Part that relate to that paragraph, if a disabled adult is providing care of a dependent child of the adult at a particular time and another person is supervising the provision of that care at that time, the other person is taken personally to provide care of the adult and child at that time.