Commonwealth Numbered Acts

ASSISTANCE FOR CARERS LEGISLATION AMENDMENT ACT 1999 No. 13, 1999 - LONG TITLE

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1--Carer payment

Part 1--Amendment of the Social Security Act

Social Security Act 1991

38C Adult Disability Assessment Tool

Division 1A--Interpretation

197 Definitions

198 Qualification for carer payment

198AA Qualification for carer payment--hospitalisation

198AB Effect of certain absences from Australia on carer payment

198AC Effect of cessation of care etc. on carer payment

198A Income test

198HB Disposal of assets in pre-pension years--lower ADAT score adult and dependent child

198JB Disposal of assets--lower ADAT score adult and dependent child

198Q Date of effect of adverse decision under section 198N

236B Subdivision not to apply in certain cases involving simultaneous death

Subdivision B--Death of partner

243 Subdivision not to apply in certain cases involving simultaneous death

Part 2--Technical amendments of the income tax law commencing on 1 July 1997

Income Tax Assessment Act 1997

Income Tax Assessment Act 1936

Part 3--Amendments of the income tax law relating to carer payment for disabled children

Income Tax Assessment Act 1997

Part 4--Amendments of the income tax law relating to carer payment for disabled adult and dependent child

Income Tax Assessment Act 1997

Schedule 2--Carer allowance

Part 1--Amendments to include new carer allowance Part in the Social Security Act

Social Security Act 1991

38D Child Disability Assessment Tool

Part 2.19--Carer allowance

Division 1--Interpretation

952 Carer allowance definitions

Division 2--Qualification for and payability of carer allowance

Subdivision A--Qualification

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

954 Qualification for carer allowance--caring for a disabled adult

955 Qualification for carer allowance--hospitalisation

956 Effect of certain absences from Australia on carer allowance

957 Effect of cessation of care etc. on carer allowance

Subdivision B--Payability

958 Carer allowance not payable in some circumstances

959 Carer allowance generally not payable before claim

960 Provisional commencement day

961 Backdating--claim for 1 or 2 disabled children

962 Backdating--claim for a disabled adult

963 Claims by telephone, facsimile or computer

964 Carer allowance not payable to 2 people for the same care receiver or care receivers unless declaration made

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

Division 3--Claim for carer allowance

966 Need for a claim

967 Form of claim

968 Lodgment of claim

969 Residency

970 Claim may be withdrawn

Division 4--Determination of claim

971 Secretary to determine claim

972 Grant of claim

973 Date of effect of determination

Division 5--Rate of carer allowance

974 Rate of carer allowance

Division 6--Payment of carer allowance

975 Commencement of carer allowance

976 Payment by instalments

977 Instalments to be paid to person or nominee

978 Payment into bank account etc.

979 Where carer allowance payday would fall on public holiday etc.

980 Payment of allowance after death

981 Secretary may make declaration where 2 people are qualified for carer allowance for the same care receiver or care receivers

Division 7--Protection of carer allowance

982 Carer allowance to be absolutely inalienable

983 Effect of garnishee or attachment order

Division 8--Recipient obligations

984 Secretary may require notice of the happening of an event or a change in circumstances

985 Secretary may require recipient to give particular information relevant to payment of carer allowance

Division 9--Continuation, variation and termination

Subdivision A--General

986 Continuing effect of determination

Subdivision B--Automatic termination

987 Automatic termination--recipient complying with section 984 notification obligations

988 Automatic termination--recipient not complying with section 984 notification obligations

989 Changes to payments by computer following automatic termination

Subdivision C--Automatic rate reduction

990 Automatic rate reduction--recipient complying with section 984 notification obligations

991 Automatic rate reduction--recipient not complying with section 984 notification obligations

992 Changes to payments by computer following automatic reduction

Subdivision D--Determinations

992A Rate increase determination

992B Rate reduction determination

992C Cancellation or suspension determination

992D Cancellation or suspension for failure to comply with section 985, 1304 or 1305 notice

992E Changes to payments by computer

992F Resumption of payment after cancellation or suspension

Subdivision E--Date of effect of determinations

992G Date of effect of favourable determination

992H Date of effect of adverse determination

Division 10--Bereavement payments (death of disabled child)

Subdivision A--Death of disabled child

992J Continued carer allowance during bereavement rate continuation period where disabled child dies

992K Lump sum payable in some circumstances

Lump Sum Calculator

Subdivision B--Death of disabled child (special short-term assistance)

992L Continuation of qualification for carer allowance for 4 weeks in some cases where recipient's disabled child dies

Subdivision C--Death of recipient

992M Death of recipient

Part 2--Consequential amendments of the Social Security Act

Social Security Act 1991

108A Disabled child (changes made on 1 July 1999)

Part 3--Consequential amendments of the National Health Act

National Health Act 1953

Part VC--Administration of Parts V, VA, VAB and VD

Part 4--Consequential amendments of the income tax Acts

Income Tax Assessment Act 1997

Income Tax Assessment Act 1936

Part 5--Consequential amendments of other Acts

Child Care Payments Act 1997

Childcare Rebate Act 1993

Health Insurance Act 1973

4CA Disadvantaged persons, being persons suffering from certain disabilities

Safety, Rehabilitation and Compensation Act 1988

Seafarers Rehabilitation and Compensation Act 1992

Veterans' Entitlements Act 1986

Schedule 3--Transitional provisions relating to carer payment and carer allowance

Part 1--Transitional provisions relating to the Social Security Act

Social Security Act 1991

122 Issue of notice before 1 July 1999 to person to whom domiciliary nursing care benefit is being paid requiring notification of events affecting the payment of carer allowance on and after that day

123 Carer payment provisions (changes to "severely handicapped person" category with effect from 1 July 1999)

124 Carer allowance (changes introduced on 1 July 1999)

125 Transitional regulations arising out of carer allowance changes introduced on 1 July 1999

Part 2--Transitional provisions relating to the National Health Act

Assistance for Carers Legislation Amendment Act 1999

No. 13, 1999

An Act to amend the Social Security Act 1991 and other Acts, and for related purposes

[ Assented to 9 April 1999 ]

The Parliament of Australia enacts: