Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 3) 1992 No. 230, 1992 - SECT 10

10. Section 198 of the Principal Act is amended:

   (a)  by omitting subsection (1) and substituting the following subsection:

"(1) A person (the 'carer') is qualified for a carer pension if:

   (a)  the carer personally provides constant care for a severely handicapped
        person; and Note: see subsections (2) and (2AA) below for the
        circumstances in which this requirement is modified.

   (b)  the care is provided in a private residence that is the home of the
        handicapped person; and

   (c)  the carer lives in a home that is either:

        (i)    the home of both the carer and the handicapped person; or

        (ii)   adjacent to the home of the handicapped person; and

   (d)  either:

        (i)    the handicapped person is receiving a social security pension
               or benefit or a service pension; or

        (ii)   subsection (1A) (certain severely handicapped people not
               receiving pension because of residence test) applies to the
               handicapped person; and

   (e)  the carer is in Australia. Note: see subsections (2) and (2A) below
        for the circumstances in which this requirement is modified.";

   (b)  by inserting after subsection (1) the following subsection:

"(1A) This subsection applies to a severely handicapped person if:

   (a)  the person has turned 16; and

   (b)  either:

        (i)    the person would be receiving a social security pension if the
               person had been an Australian resident for a long enough
               period; or

        (ii)   the person would be receiving a service pension if the person
               had resided in Australia for a long enough period.";

   (c)  by omitting from subparagraph (2)(c)(i) "28" and substituting "42";

   (d)  by omitting from subsection (2) "merely because of that cessation."
        and substituting:

"merely because of:

   (d)  that cessation; or

   (e)  the carer not being in Australia during that cessation.";

   (e)  by inserting after subsection (2) the following subsection:

"(2AA) If:

   (a)  a person is personally providing constant care for a severely
        handicapped person; and

   (b)  the person ceases to provide that care in order to undertake training,
        education or employment; and

   (c)  the cessation does not exceed 10 hours per week; the person does not
        cease to be qualified for a carer pension merely because of that
        cessation.";

   (f)  by omitting from paragraph (b) of the definition of "severely
        handicapped person" in subsection (3) "extended period; and" and
        substituting "extended period.";

   (g)  by omitting paragraph (c) of the definition of "severely handicapped
        person" in subsection (3).