Commonwealth Numbered Acts

SOCIAL SECURITY AND REPATRIATION (BUDGET MEASURES) AMENDMENT ACT 1985 No. 127, 1985 - SECT 49

49. Section 33 of the Principal Act is repealed and the following section is
substituted: Carer's pension

"33. (1) Subject to this Part, where -

   (a)  a person (not being a person who is receiving an age pension, an
        invalid pension or a wife's pension, or a service pension under the
        Repatriation Act 1920) personally provides constant care and attention
        for a relative of the person in a home of the person and of the
        relative;

   (b)  the relative is a severely handicapped person who -

        (i)    is an age pensioner or an invalid pensioner; or

        (ii)   is receiving a rehabilitation allowance under Part VIII and
               was, immediately before becoming eligible to receive that
               allowance, eligible to receive an invalid pension; and

   (c)  either -

        (i)    the person is residing in, and is physically present in,
               Australia on the day on which the person lodges a claim for a
               carer's pension; or

        (ii)   the relative is an age pensioner who is qualified to receive an
               age pension by virtue of section 21A or an invalid pensioner
               who is qualified to receive an invalid pension by virtue of
               section 24A, the person is qualified to receive a carer's
               pension.

"(2) Where a person who is personally providing constant care and attention
for a relative who is a severely handicapped person temporarily ceases to
provide that care and attention -

   (a)  for a period of not more than 4 weeks in any period of 12 months; or

   (b)  for such other period as the Secretary, for any special reason in any
        particular case, approves in writing, the person does not cease to be
        qualified to receive a carer's pension by reason only of that
        cessation.

"(3) In this section - 'relative', in relation to a person, means -

   (a)  the spouse of the person;

   (b)  a grandparent, parent, step-parent, parent-in-law, brother, sister,
        half-brother, half-sister, step-brother, step-sister, child, adopted
        child, step-child, son-in-law, daughter-in-law or grandchild of the
        person;

   (c)  a person who is or has been a guardian of the first-mentioned person
        or a person to whom the first-mentioned person is or has been
        guardian; or

   (d)  any other person who the Secretary determines in writing should, in
        the special circumstances of the case, be treated as a relative of the
        first-mentioned person for the purposes of this section; 'severely
        handicapped person' means a person who -

   (a)  has a physical or mental disability;

   (b)  by reason of that disability, needs constant care and attention; and

   (c)  is likely to need constant care and attention permanently or for an
        extended period.".