Commonwealth Numbered Acts

VETERANS' AFFAIRS (1994-95 BUDGET MEASURES) LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 164 of 1994 - SECT 15

15. After section 45A of the Principal Act the following section is inserted:
Eligibility for income support supplement (caring for handicapped person)

"45AB.(1) A person is eligible for income support supplement if the person:

   (a)  is a war widow or war widower; and

   (b)  is an Australian resident; and

   (c)  is in Australia; and

   (d)  personally provides constant care for a severely handicapped person;
        and

   (e)  lives in the same house as the handicapped person or in a house
        adjacent to that of the handicapped person.



"(2) If:

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

   (b)  the person temporarily ceases to provide that care; and

   (c)  the period, or the aggregate of the periods, for which the person
        ceases to provide that care is:

        (i)    not more than 42 days in any calendar year; or

        (ii)   another period that the Commission, for any special reason in
               the particular case, approves in writing; the person does not
               cease to be eligible for income support supplement merely
               because of that cessation.



"(3) If:

   (a)  subsection (2) applies to a period during which a person ceases to
        provide care for a severely handicapped person so that the person does
        not cease to be eligible for income support supplement because of that
        cessation; and

   (b)  during that period the person is absent from Australia; the person
        does not cease to be eligible for income support supplement because of
        that absence from Australia.



"(4) If:

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

   (b)  the person ceases to provide that care and attention 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 eligible for income support supplement merely because of
        that cessation.



"(5) In this section:
'care' includes attention and supervision;
'severely handicapped person' means a person who:

   (a)  has a physical, intellectual or psychiatric disability; and

   (b)  because of that disability:

        (i)    requires frequent care in connection with his or her bodily
               functions; or

        (ii)   requires constant supervision to prevent injury to himself or
               herself or to another person; permanently or for an extended
               period.".