SOCIAL SECURITY LEGISLATION AMENDMENT (IMPROVED SUPPORT FOR CARERS) (CONSEQUENTIAL AND TRANSITIONAL) BILL 2009

i Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009

Contents

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Schedule(s) ......................................................................................... 2

Schedule 1--Amendme nt of the Social Security Act 1991

Schedule 2--Amendme nt of the Social Security

(Administration) Act 1999

Schedule 3--Amendme nt of the Veterans' Entitle ments Act

1986

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 1

A Bill for an Act to amend the Social Security Act

1991, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Social Security Legislation

Amendment (Improved Support for Carers) (Consequential and

Transitional) Act 2009.

2 Commence ment

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Social Security Legislation Amendment (Improved Support for Carers) (Consequential

and Transitional) Bill 2009 No. , 2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Schedules 1, 2

and 3

Immediately after the commencement of the

Social Security Legislation Amendment

(Improved Support for Carers) Act 2009.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 3

Schedule 1

Amendment of the Social

Security Act 1991

1 Subsection 197(1)

Insert:

care child means:

(a) a sole care child; or

(b) a combined care child; or

2 Subsection 197(1)

Insert:

combined care child has the meaning given by subsection (4).

3 Subsection 197(1) (definition of guardian)

Repeal the definition.

4 Subsection 197(1)

Insert:

multiple care child has the meaning given by subsection (5).

5 Subsection 197(1)

Insert:

parent of:

(a) a child with a severe disability or severe medical condition;

(b) a child with a disability or medical condition; or

includes a person who has been granted guardianship of the child

under a law of the Commonwealth, a State or a Territory.

6 Subsection 197(1)

Insert:

sole care child has the meaning given by subsections (2) and (3).

Schedule 1 A mendment of the Social Security Act 1991

4 Social Security Legislation Amendment (Improved Support for Carers) (Consequential

and Transitional) Bill 2009 No. , 2009

7 Subsection 197(3)

Repeal the subsection, substitute:

Sole care child

(2) Subject to subsections (6) and (7), a person with a severe disability

or severe medical condition is a sole care child if the provisions

listed in one of the following paragraphs apply in relation to him or

her as a care receiver:

(a) paragraphs 197B(1)(a), (b) and (c);

(b) subparagraph 197G(1)(a)(i) and paragraphs 197G(1)(b) and

(c);

(3) Subject to subsection (7), a person who has a terminal condition is

a sole care child if paragraphs 197E(1)(a) and (b) apply in relation

to the person as a care receiver. For the purposes of this subsection,

assume that paragraph 197E(1)(a) continues to apply in relation to

the person if:

(a) the person has turned 16; and

(b) subsection 197E(2) applies in relation to him or her as a care

receiver.

Combined care child

(4) Subject to subsections (6) and (7), a person with a disability or

medical condition is a combined care child if the provisions listed

in one of the following paragraphs apply in relation to him or her

as a care receiver or as one of 2 or more care receivers:

(a) paragraphs 197C(1)(a), (b) and (c);

(b) subparagraph 197G(1)(a)(ii) and paragraphs 197G(1)(b) and

(c);

Multiple care child

(5) Subject to subsections (6) and (7), a person with a disability or

medical condition is a multiple care child if the provisions listed in

one of the following paragraphs apply in relation to him or her as a

care receiver or as one of 2 or more care receivers:

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 5

(a) subparagraph 197D(1)(a)(ii) and paragraphs 197D(1)(b) and

(c);

(b) subparagraph 197G(1)(a)(ii) and paragraphs 197G(1)(b) and

(c);

Person may be over 16

(6) For the purposes of subsections (2), (4) and (5), assume that

paragraph 197B(1)(a) or 197C(1)(a), subparagraph 197D(1)(a)(ii)

or paragraph 197G(1)(b) or 197H(1)(b) (as the case requires)

continues to apply in relation to the person if:

(a) the person has turned 16; and

(b) the person has not been assessed and rated and given a score

under the Adult Disability Assessment Tool.

Constant care

(7) If section 197F applies in relation to the person as a care receiver

or as one of 2 or more care receivers, it does not matter that the

care provided for the person is not constant care.

8 At the end of section 197F

Add:

Application of income and assets tests

(5) In applying the income and assets tests under section 198A or

198D in working out whether a parent qualifies under

section 197B, 197C, 197D, 197E, 197G or 197H because of this

section, disregard the other parent for the purposes of the

following:

(a) subsections 198B(1B) and 198D(1A), (1C) and (1DA);

(b) subparagraph 198N(5)(aa)(ii);

subsection 198N(6).

9 Section 198AAA

Repeal the section, substitute:

Schedule 1 A mendment of the Social Security Act 1991

6 Social Security Legislation Amendment (Improved Support for Carers) (Consequential

and Transitional) Bill 2009 No. , 2009

198AAA Continuation of qualification whe n pe rson receiving care

admitted to institution

(1) This section applies if:

(a) carer payment is payable:

(i) to a person who has ordinarily been providing constant

care for a care receiver or care receivers; or

(ii) because of section 197F, to a person who has ordinarily

been providing care for a care receiver or care receivers;

and

(b) the person would, apart from this section, cease to be

qualified for the payment because he or she ceases to provide

constant care (or, if section 197F applies to the person, care)

for the care receiver or any of the care receivers as a result of

the care receiver being admitted permanently to an institution

where care is provided for the care receiver.

(2) The person remains qualified for the carer payment during the 14

weeks after the care receiver is admitted permanently to an

institution.

10 Section 198AB

Repeal the section, substitute:

198AB Care not required to be in private residence during

portability period

(1) This section applies if a person:

(a) is qualified for a carer payment; and

(b) is absent from Australia for a period:

(i) throughout which Division 2 of Part 4.2 applies to the

person; and

(ii) that is before the end of the person's portability period

for carer payment (within the meaning of that Division).

(2) The person does not cease to be qualified for a carer payment:

(a) merely because the constant care for the care receiver or care

receivers is not provided in a private residence that is the

home of the care receiver or care receivers; or

(b) if the person is qualified because of section 197F--merely

because the care for the care receiver or care receivers is not

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 7

provided in a private residence that is a home of the care

receiver or care receivers.

11 Paragraph 198AC(1)(a)

Repeal the paragraph, substitute:

(a) a person is qualified (except under section 197G or 197H) for

a carer payment:

(i) because the person is personally providing constant care

for a care receiver or care receivers; or

(ii) if the person is qualified because of section 197F--

because the person is personally providing care for care

receivers; and

12 Subsection 198AC(2)

Repeal the subsection, substitute:

(1A) Subject to subsections (3) and (3A), if:

(a) a person is qualified for a carer payment:

(i) under section 197G or 197H because the person is

personally providing constant care for a care receiver or

care receivers; or

(ii) under section 197G or 197H because of section 197F

because the person is personally providing care for care

receivers; and

(b) the person temporarily ceases to provide that care for the care

receiver or care receivers;

the person does not cease to be qualified for the carer payment

merely because of that cessation.

Continuation of payment after hospitalisation--section 198AA

ceases to apply

(2) Subject to subsections (3) and (3A), if:

(a) a person is qualified for a carer payment under

section 198AA because the person is participating in the care

of an adult or child in hospital; and

(b) apart from this subsection, the person would later cease to be

qualified for carer payment under that section; and

Schedule 1 A mendment of the Social Security Act 1991

8 Social Security Legislation Amendment (Improved Support for Carers) (Consequential

and Transitional) Bill 2009 No. , 2009

(i) the person would not cease to be qualified for a carer

payment if the person were providing constant care for

the adult or child, or the adult or child and another

person; or

(ii) if the person qualified under section 198AA because of

section 197F--the person would not cease to be

qualified for a carer payment if the person were

providing care for the adult or child, or the adult or child

and another person;

the person does not cease to be qualified for carer payment merely

because of the lack of provision of that care.

13 Subsection 198AC(3)

Omit "However", substitute "Subject to subsection (3B)".

14 After subsection 198AC(3)

Insert:

(3A) The period (or the sum of the periods) for which subsection (1A) or

(2) (or a combination of those subsections) can apply to the person

in a calendar year is the number of whole days worked out in

accordance with the formula:

Carer payment period

Limit

Number of days in calendar year

where:

carer payment period, in relation to a calendar year, means:

(a) if only 197G applied to the person to any extent in the

calendar year--the number of days in the period determined

under that section that fall in the calendar year; or

(b) if sections 197G and 197H applied to the person to any extent

in the calendar year--the number of days worked out by

adding the days in each period determined under those

sections to the extent that those days fall in the calendar year.

It does not matter whether section 197G or 197H (or both of them)

apply because of section 197F or not.

limit, in relation to a calendar year, means:

(a) 63 days; or

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 9

(b) another number of days in the calendar year that the

Secretary, for any special reason in the particular case,

decides to be appropriate.

(3B) If:

(a) because of subsection (1A), the person does not cease to be

qualified in a calendar year for a carer payment under

section 197G or 197H for a care receiver or care receivers;

and

(b) the number of days (the qualifying days) for which the

person does not cease to be qualified (whether under

subsection (1A) or (2), or a combination of them) in the

calendar year is not more than the number of days worked

out under subsection (3A) in relation to the person; and

qualify for a carer payment because of section 197J for the

care receiver or care receivers;

subsection (3) applies as if the periods referred to in whichever of

paragraphs (a) and (b) of that subsection apply were reduced by the

number of qualifying days.

15 Subsection 198B(1B)

Omit "profoundly disabled child, or a disabled child,", substitute "sole

care child, combined care child or multiple care child".

Note:

The heading to subsection 198B(1B) is replaced by the heading "Taxable income of sole

care child, combined care child or multiple care child".

16 Subsection 198B(1B)

Omit "is a disabled child", substitute "is a combined care child or a

multiple care child".

17 At the end of subsection 198B(1B)

Add:

Note:

See also subsection 197F(5).

28 Subsection 198D(1D)

Omit "disabled" (wherever occurring).

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 11

29 After subsection 198D(1D)

Insert:

Lower ADAT score adult and multiple care child or children

passing the assets test

(1DA) Care receivers who are a lower ADAT score adult and one or more

multiple care children pass the assets test if the total value of the

assets of the following people is less than $571,500:

(a) the adult;

(b) each child;

(i) the parent; and

(ii) if the parent is a member of a couple--the parent's

partner; and

(iii) if the parent or the partner has one or more FTB

children--those FTB children;

(d) if the adult is a member of a couple--the adult's partner;

(e) if the adult or the partner has one or more FTB children--the

FTB children.

However, assets of the same person are not to be taken into

account more than once.

(1DB) For the purposes of this Division (other than subsection (1DA)), if

any of the multiple care children lives with his or her parent, the

child's assets are taken to include the assets listed in

paragraph (1DA)(c) in relation to the child. However, assets of the

same person are not to be included in the assets of more than one

child.

30 Subsection 198F(1A)

Omit "profoundly disabled child, a disabled child", substitute "care

child".

31 Subsection 198JE(1)

Omit "profoundly disabled child", substitute "sole care child".

Note:

The heading to section 198JE is replaced by the heading "Disposal of assets in income

year--sole care children".

32 Subsections 198JE(2) and (3)

Schedule 1 A mendment of the Social Security Act 1991

12 Social Security Legislation Amendment (Improved Support for Carers) (Consequential

and Transitional) Bill 2009 No. , 2009

Omit "disabled" (wherever occurring).

Note:

The heading to subsection 198JE(3) is replaced by the heading "Increase in value of

child's assets".

33 Subsection 198JF(1)

Omit "profoundly disabled child", substitute "sole care child".

Note:

The heading to section 198JF is replaced by the heading "Disposal of assets in 5 year

period--sole care child".

34 Subsections 198JF(2) and (3)

Omit "disabled" (wherever occurring).

Note:

The heading to subsection 198JF(3) is replaced by the heading "Increase in value of

child's assets".

35 Subsection 198JG(1)

Omit "a lower ADAT score adult and a dependent child", substitute "a

lower ADAT score adult and one or more multiple care children, or a

lower ADAT score adult and a dependent child,".

Note:

The heading to section 198JG is altered by omitting "dependent child" and substituting

"child or children".

36 Paragraph 198JG(2)(b)

Repeal the paragraph, substitute:

(b) each multiple care child or dependent child;

37 Subsection 198JH(1)

Omit "a lower ADAT score adult and a dependent child", substitute "a

lower ADAT score adult and one or more multiple care children, or a

lower ADAT score adult and a dependent child,".

Note:

The heading to section 198JH is altered by omitting "dependent child" and substituting

"child or children".

38 Paragraph 198JH(2)(b)

Repeal the paragraph, substitute:

(b) each multiple care child or dependent child;

39 Section 198MA

Repeal the section, substitute:

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 13

198MA Othe r disposals to be disregarded for care receiver assets

test

This Division does not apply to a disposal by a person (the

disposer) of an asset of a child:

(a) more than 5 years before the carer became qualified for a

carer payment because the carer was providing care for the

child and the child was a care receiver or one of 2 or more

care receivers; and

(b) less than 5 years before the time referred to in paragraph (a)

but before the time when the disposer could, in the

Secretary's opinion, reasonably have expected that the carer

would become qualified for carer payment because the carer

was providing care for the child.

Note:

Subsections 198D(1B), (1D) and (1DB) provide that if a sole care

child, a combined care child or a multiple care child lives with a

parent, the assets listed in subsection 198D(1A) and paragraphs

198D(1C)(b) and (1DA)(c) are taken to be the assets of the child.

40 Before subsection 198N(1)

Insert:

Application by parent or carer of sole care child

(1AA) Subsections (2), (3), (4), (5) and (6) have effect if:

(a) subparagraph 197B(4)(d)(i) or 197E(5)(d)(i) would

disqualify from carer payment a person caring for a care

receiver who is a sole care child; and

(b) the parent or the carer of the care receiver lodges with the

Department, in a form approved by the Secretary, a request

that the carer not be disqualified by that subparagraph; and

of the care receiver for the current financial year under

subsection 198B(3); and

(d) the Secretary accepts the estimate under subsection 198B(4).

Application by parent or carer of combined care children

(1AB) Subsections (2), (3), (4), (5) and (6) have effect if:

(a) subparagraph 197C(4)(d)(i) would disqualify from carer

payment a person caring for 2 or more care receivers each of

whom is a combined care child; and

Schedule 1 A mendment of the Social Security Act 1991

14 Social Security Legislation Amendment (Improved Support for Carers) (Consequential

and Transitional) Bill 2009 No. , 2009

(b) the parent or the carer of any of the care receivers lodges

with the Department, in a form approved by the Secretary, a

request that the carer not be disqualified by that

subparagraph; and

of the care receivers for the current financial year under

subsection 198B(3); and

(d) the Secretary accepts the estimate under subsection 198B(4).

Application by lower ADAT score adult (multiple care child or

children)

(1AC) Subsections (2), (3), (4), (5) and (6) have effect if:

(a) subparagraph 197D(4)(d)(i) would disqualify from carer

payment a person caring for care receivers who are a lower

ADAT score adult and one or more multiple care children;

and

(b) the lower ADAT score adult lodges with the Department, in a

form approved by the Secretary, a request that the carer not

be disqualified by that subparagraph; and

of the lower ADAT score adult and each child under

subsection 198B(3A); and

(d) the Secretary accepts the estimate under subsection 198B(4).

41 Subsection 198N(1A)

Repeal the subsection.

42 Subsections 198N(2), (3) and (4)

After "subparagraph", insert "197B(4)(d)(i), 197C(4)(d)(i),

197D(4)(d)(i), 197E(5)(d)(i) or".

43 Paragraph 198N(5)(aa)

Omit "profoundly disabled child or a disabled child", substitute "sole

care child, combined care child or multiple care child".

44 Paragraph 198N(5)(aa)

Omit "is a disabled child", substitute "is a combined care child or a

multiple care child".

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 15

45 Subparagraphs 198N(5)(ab)(ii) and (iii)

Omit "dependent child who is the other care receiver", substitute "child

who is the other care receiver or the children who are the other care

receivers".

46 Subparagraph 198N(5)(ab)(iii)

Omit "receiver); and", substitute "receiver).".

47 At the end of paragraph 198N(5)(ab) (before the note)

Add:

However, liquid assets of the same person are not to be taken

into account in respect of any of the other care receivers; and

48 Paragraph 198N(5)(ab) (note)

Omit "dependent child who is the other care receiver", substitute "child

who is the other care receiver or the children who are the other care

receivers".

49 Subsection 198N(5) (note 2)

Repeal the note, substitute:

Note 2:

Subsections 198D(1B), (1D) and (1DB) provide that if a sole care

child, a combined care child or a multiple care child lives with a

parent, the assets listed in subsection 198D(1A) and paragraphs

198D(1C)(b) and (1DA)(c) are taken to be assets of the child.

Note 3:

For subparagraph (5)(aa)(ii), see also subsection 197F(5).

50 Subsection 198N(6) (paragraphs (b) and (c) of the

definition of FPC)

Omit "profoundly disabled child", substitute "sole care child".

51 Subsection 198N(6) (paragraph (d) of the definition of

FPC)

Omit "disabled children", substitute "combined care children".

52 Subsection 198N(6) (paragraph (e) of the definition of

FPC)

Omit "a lower ADAT score adult and a dependent child", substitute "a

lower ADAT score adult and one or more multiple care children, or a

lower ADAT score adult and a dependent child".

Schedule 1 A mendment of the Social Security Act 1991

16 Social Security Legislation Amendment (Improved Support for Carers) (Consequential

and Transitional) Bill 2009 No. , 2009

53 Subsection 198N(6) (note)

Omit "Note", substitute "Note 1".

54 At the end of subsection 198N(6)

Add:

Note 2:

For paragraphs (b), (d) and (e) of the definition of FPC, see also

subsection 197F(5).

55 Subsection 198P(1)

After "subparagraph", insert "197B(4)(d)(i), 197C(4)(d)(i),

197D(4)(d)(i), 197E(5)(d)(i) or".

56 Subparagraph 198P(3)(b)(ii)

Repeal the subparagraph, substitute:

(ii) in the case of a care receiver who is a sole care child--

to his or her parent or carer; or

57 Subparagraph 198P(3)(b)(iii)

Omit "disabled children", substitute "combined care children".

58 After subparagraph 198P(3)(b)(iii)

Insert:

(iiia) in the case of care receivers who are a lower ADAT

score adult and one or more multiple care children--to

the lower ADAT score adult or the person caring for

that adult; or

59 Subparagraph 198P(4)(b)(ii)

Repeal the subparagraph, substitute:

(ii) in the case of a care receiver who is a sole care child--

to his or her parent or carer; or

60 Subparagraph 198P(4)(b)(iii)

Omit "disabled children", substitute "combined care children".

61 After subparagraph 198P(4)(b)(iii)

Insert:

(iiia) in the case of care receivers who are a lower ADAT

score adult and one or more multiple care children--to

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 17

the lower ADAT score adult or the person caring for

that adult; or

62 Subparagraph 198P(4)(b)(iv)

Omit "a lower ADAT score adult and a dependent child", substitute "a

lower ADAT score adult and one or more multiple care children, or a

lower ADAT score adult and a dependent child".

63 Section 198Q

After "subparagraph", insert "197B(4)(d)(i), 197C(4)(d)(i),

197D(4)(d)(i), 197E(5)(d)(i) or".

64 After subparagraph 235(1A)(b)(i)

Insert:

(ia) the person or any of the persons for whom the carer

would qualify for carer payment as mentioned in

subsection 198AA(4) or (5); or

65 Subparagraph 235(1A)(b)(ii)

Omit "constant".

66 Paragraph 236B(a)

Repeal the paragraph, substitute:

(a) either:

(i) a lower ADAT score adult and one or more multiple

care children die at the same time; or

(ii) a lower ADAT score adult and a dependent child of the

adult die at the same time; and

67 After subsection 237(1A)

Insert:

(1AB) Subsection (1) or (1A) does not apply in relation to care receivers

who are a lower ADAT score adult and one or more multiple care

children if:

(a) the person is receiving carer payment under section 235

because of the death of the child or children; and

(b) the person's partner is the lower ADAT score adult.

68 Paragraph 243(a)

Schedule 1 A mendment of the Social Security Act 1991

18 Social Security Legislation Amendment (Improved Support for Carers) (Consequential

and Transitional) Bill 2009 No. , 2009

Repeal the paragraph, substitute:

(a) either:

(i) a lower ADAT score adult and one or more multiple

care children die at the same time; or

(ii) a lower ADAT score adult and a dependent child of the

adult die at the same time; and

69 After section 731H

Insert:

731HA Relief from activity test--persons who would be qualified for

carer payme nt under section 197B, 197C, 197D or 197E

Person taken to satisfy the activity test

(1) A person to whom this Subdivision applies is taken to satisfy the

activity test during any period during which:

(a) subsection (2) (personally providing care to another person)

applies to the person; or

(b) subsection (3) (participating in the care in hospital of another

person) applies to the person.

If subsection (3) applies to the person, subsection (4) sets out a

limit on the period during which the person is taken to satisfy the

activity test for participating in the care of a disabled adult in

hospital.

Personally providing care

(2) This subsection applies to the person if:

(a) if the provisions referred to in subsection (5) were

disregarded, the person would qualify for a carer payment

under section 197B, 197C, 197D or 197E (whether or not

because of section 197F) for caring for one or more of the

following or for persons who include the following:

(i) a child with a severe disability or severe medical

condition;

(ii) a child who has a terminal condition;

(iii) a child with a disability or medical condition;

(iv) a lower ADAT score adult; and

(b) either:

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 19

(i) the care is provided in a private residence that is the

home of the person or persons for whom care is

provided; or

(ii) if a section referred to in paragraph (a) applies to the

person because of section 197F--the care is provided in

a private residence that is a home of the person or

persons for whom care is provided.

Participating in care of person in hospital

(3) This subsection applies to the person if:

(a) the person is participating in the care in hospital of another

person (the hospitalised person); and

(b) it is reasonable to assume that, if the hospitalised person were

not in hospital and the provisions referred to in subsection (5)

were disregarded, the person would qualify under

section 197B, 197C, 197D or 197E (whether or not because

of section 197F) for a carer payment for caring for the

hospitalised person, or for the hospitalised person and one or

more other persons; and

(i) the hospitalised person is terminally ill;

(ii) it is reasonable to expect that, upon leaving hospital, the

hospitalised person will reside in a private residence that

is the home of the hospitalised person.

(4) The period, or the sum of the periods, for which a person to whom

this Subdivision applies is taken to satisfy the activity test because

of subsection (3) for participating in the care in hospital of a

disabled adult must not exceed:

(a) 63 days in any calendar year; or

(b) another period that the Secretary, for any special reason in a

particular case, decides to be appropriate.

Note:

There is no limit for a hospitalised person who is a child.

Disregard certain provisions of sections 197B, 197C, 197D and

197E

(5) For the purposes of paragraphs (2)(a) and (3)(b), disregard the

following:

(a) subsection 197B(3) and paragraphs 197B(4)(b), (c) and (d);

Schedule 1 A mendment of the Social Security Act 1991

20 Social Security Legislation Amendment (Improved Support for Carers) (Consequential

and Transitional) Bill 2009 No. , 2009

(b) subsection 197C(3) and paragraphs 197C(4)(b), (c) and (d);

(d) subsection 197E(4) and paragraphs 197E(5)(b), (c) and (d).

Meaning of expressions in this section

(6) An expression used in this section that is defined for the purposes

of Part 2.5 has the same meaning in this section as it has in that

Part.

731HB Relief from activity test--persons who would be qualified for

carer payme nt under section 197G or 197H

Person taken to satisfy the activity test

(1) A person to whom this Subdivision applies is taken to satisfy the

activity test during any period during which subsection (2)

(personally providing care to another person) applies to the person.

Personally providing care during period determined

(2) This subsection applies to the person if:

(a) if the provisions referred to in subsection (7) were

disregarded, the person would qualify for a carer payment

under section 197G or 197H for a period for caring for one or

more of the following or for persons who include the

following:

(i) a child with a severe disability or severe medical

condition;

(ii) a child with a disability or medical condition;

(iii) a lower ADAT score adult; and

(b) either:

(i) the care is provided in a private residence that is the

home of the person or persons for whom care is

provided; or

(ii) if the person would qualify for a carer payment because

of section 197F--the care is provided in a private

residence that is a home of the person or persons for

whom care is provided.

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 21

Relief from activity test during all of period determined (caring for

person in hospital)

(3) A person to whom this Subdivision and subsection (4) apply is

taken to satisfy the activity test during any period that does not

exceed the period, or the sum of the periods, (as the case requires)

determined under paragraph (4)(b).

(4) This subsection applies to a person if:

(a) the person is participating in the care, in hospital, of one of

the following persons (the hospitalised person):

(i) a child with a severe disability or severe medical

condition;

(ii) a child with a disability or medical condition;

(iii) a lower ADAT score adult; and

(b) the Secretary determines in writing that, if the hospitalised

person were not in hospital and the provisions referred to in

subsection (7) were disregarded, the person would qualify

under section 197G or 197H for a carer payment for a period

or periods for:

(i) the hospitalised person; or

(ii) the hospitalised person and one or more other persons;

and

hospitalised person:

(i) will reside in a private residence that is the home of the

hospitalised person; or

(ii) if the carer would qualify for a carer payment because

of section 197F for the hospitalised person--will reside

in a private residence that is a home of the hospitalised

person.

Relief from activity test during balance of period determined

(caring for person in hospital)

(5) A person to whom this Subdivision and subsection (6) apply is

taken to satisfy the activity test during any period that does not

exceed the balance of the period referred to in paragraph (6)(b).

(6) This subsection applies to a person if:

Schedule 1 A mendment of the Social Security Act 1991

22 Social Security Legislation Amendment (Improved Support for Carers) (Consequential

and Transitional) Bill 2009 No. , 2009

(a) subsection (2) applies to the person for a period for caring for

one or more of the following or for persons who include the

following:

(i) a child with a severe disability or medical condition;

(ii) a child with a disability or medical condition;

(iii) a lower ADAT score adult; and

(b) if the provisions referred to in subsection (7) were

disregarded, the person would cease to qualify under

section 197G or 197H for a carer payment for the balance of

the period only because the person is participating in the care,

in hospital, of:

(i) a child referred to in paragraph (a) of this

subsection (the hospitalised person); or

(ii) the hospitalised person and one or more other persons;

and

hospitalised person:

(i) will reside in a private residence that is the home of the

hospitalised person; or

(ii) if the carer would qualify for a carer payment because

of section 197F for the hospitalised person--will reside

in a private residence that is a home of the hospitalised

person.

Disregard certain provisions of sections 197B, 197C and 197D

(7) For the purposes of paragraphs (2)(a), (4)(b) and (6)(b), disregard

the following:

(a) subsection 197B(3) and paragraphs 197B(4)(b), (c) and (d);

(b) subsection 197C(3) and paragraphs 197C(4)(b), (c) and (d);

Meaning of expressions

(8) An expression used in this section that is defined for the purposes

of Part 2.5 has the same meaning in this section as it has in that

Part.

70 Paragraph 731J(1)(a)

Omit ", (8)".

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 23

Note 1: The heading to section 731J is replaced by the heading "Relief from activity test--

persons who would be qualified for carer payment under section 198 or for carer

allowance".

Note 2: The following heading to subsection 731J(1) is inserted "Qualification conditions for

carer payment under section 198".

71 Paragraph 731J(1)(b)

Repeal the paragraph, substitute:

(b) the following apply:

(i) the person is participating in the care in hospital of

another person (the hospitalised person) who is a

disabled adult or a dependent child of a disabled adult;

(ii) it is reasonable to assume that, if the hospitalised person

were not in hospital, the carer would meet the

qualification conditions for a carer payment set out in

subsections 198(2), (3) and (9) for the hospitalised

person or for the hospitalised person and one or more

other persons;

(iii) either the hospitalised person is terminally ill or it is

reasonable to expect that the hospitalised person will

reside in the private home of the carer and the

hospitalised person upon leaving hospital.

72 Subsection 731J(2)

After "paragraph (1)(b)", insert "for participating in the care in hospital

of a disabled adult".

73 At the end of subsection 731J(2)

Add:

Note:

There is no limit for a hospitalised person who is a dependent child.

Note:

The following heading to subsection 731J(4) is inserted "Carer allowance".

74 Subsection 731J(6)

After "paragraph (4)(c)", insert "for participating in the care in hospital

of a disabled adult".

75 At the end of subsection 731J(6)

Add:

Note:

There is no limit for a hospitalised person who is a child.

Schedule 1 A mendment of the Social Security Act 1991

24 Social Security Legislation Amendment (Improved Support for Carers) (Consequential

and Transitional) Bill 2009 No. , 2009

76 After subsection 1061ZA(1)

Insert:

(1A) Paragraph (1)(a) does not apply to a carer payment payable to the

person because the person is qualified for that payment for that day

under section 197G or 197H or subsection 198AA(4) or (5)

(whether or not because of section 197F).

77 After subsection 1061ZK(3)

Insert:

(3A) This section applies to a person on a day if a person is qualified

under section 197G or 197H or subsection 198AA(4) or (5)

(whether or not because of section 197F) for a carer payment on

that day.

78 Section 1190 (table item 27A)

After "(1C)", insert ", (1DA)".

79 Subsection 1209M(4)

Repeal the subsection, substitute:

(4) If the principal beneficiary is under 16 years of age,

subsection (4A) must apply to him or her.

(4A) This subsection applies if:

(a) the principal beneficiary is a person with a severe disability

or a severe medical condition; and

(b) another person (the carer) has been given a qualifying rating

of intense under the Disability Care Load Assessment (Child)

Determination for caring for the principal beneficiary; and

because of that disability or condition:

(i) the principal beneficiary will need personal care for 6

months or more; and

(ii) the personal care is required to be provided by a

specified number of persons; and

(d) the carer has certified in writing that the principal beneficiary

will require the same care, or an increased level of care, to be

provided to him or her in the future.

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 25

80 After clause 139 of Schedule 1A

Insert:

139A Application--general

(1) Subject to clauses 139B and 141, the amendments made by items 1

to 68 and 76 to 77 of Schedule 1 to the Social Security Legislation

Amendment (Improved Support for Carers) (Consequential and

Transitional) Act 2009 apply to claims for a carer payment made

on or after the commencement of this clause.

(2) Subject to clauses 139C and 143, the amendments made by

items 69 to 75 of Schedule 1 to the Social Security Legislation

Amendment (Improved Support for Carers) (Consequential and

Transitional) Act 2009 apply to claims for special benefit made on

or after the commencement of this clause.

139B Application--sections 198AAA and 198AB

The amendments made by items 9 and 10 of Schedule 1 to the

Social Security Legislation Amendment (Improved Support for

Carers) (Consequential and Transitional) Act 2009 apply to a

person who:

(a) is receiving a carer payment immediately before 1 July 2009;

(b) makes a claim for a carer payment on or after 1 July 2009.

139C Application--subsections 731J(2) and (6)

(1) Subsection 731J(2) of this Act as amended by Schedule 1 to the

Social Security Legislation Amendment (Improved Support for

Carers) (Consequential and Transitional) Act 2009 applies to a

person who:

(a) is taken to satisfy the activity test under subsection 731J(1) of

this Act immediately before 1 July 2009; or

(b) makes a claim for special benefit on or after 1 July 2009.

(2) Subsection 731J(6) of this Act as amended by Schedule 1 to the

Social Security Legislation Amendment (Improved Support for

Carers) (Consequential and Transitional) Act 2009 applies to a

person who:

Schedule 1 A mendment of the Social Security Act 1991

26 Social Security Legislation Amendment (Improved Support for Carers) (Consequential

and Transitional) Bill 2009 No. , 2009

(a) is taken to satisfy the activity test under subsection 731J(4) of

this Act immediately before 1 July 2009; or

(b) makes a claim for special benefit on or after 1 July 2009.

139D Saving--principal beneficiary of a special disability trust

Despite the amendment made by item 79 of Schedule 1 to the

Social Security Legislation Amendment (Improved Support for

Carers) (Consequential and Transitional) Act 2009, this Act as in

force immediately before the commencement of this clause

continues to apply to a person who was a principal beneficiary

(within the meaning of section 1209M of this Act) under 16 years

of age immediately before that time.

81 At the end of Schedule 1A

Add:

142 Person whose special benefit was cancelled on or after 1 July

2008 and before 1 July 2010

Circumstances in which clause applies

(1) This clause applies if:

(a) a person received or receives special benefit on or after 1 July

2008; and

(b) while the person received or receives special benefit, the

person was or is taken to satisfy the activity test under

subsection 731J(1) of this Act because the person was or is

caring for a child or children referred to in paragraph

198(2)(b) or (c) of this Act (whether or not because of

clause 143); and

(i) with effect before the commencement of this clause; or

(ii) with effect on or after that commencement and before

1 July 2010; and

(d) on or after 1 July 2009 and before 1 July 2010, the carer

makes a claim for special benefit; and

(e) the person is caring for the same child or children aged under

16.

Amend ment of the Social Security Act 1991 Schedule 1

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 27

Claim may be assessed as if paragraphs 198(2)(b) and (c) had not

been repealed

(2) In addition to being assessed against this Act as in force after the

commencement of this clause, the person's claim may be assessed

as if paragraphs 198(2)(b) and (c) of this Act had not been

repealed.

Note:

The effect of subclause (2) is that the person may be taken to satisfy

the activity test under section 731HA, 731HB or 731J of this Act

because the person is caring for the child or children.

(3) Subject to clause 143, if, because of subclause (2), the person is

taken to satisfy the activity test under section 731J of this Act

because the person is caring for the child or children, this Act (as in

force immediately before 1 July 2009) applies in relation to the

person.

143 Saving--profoundly disabled child and disabled child

Profoundly disabled child and disabled child

(1) Subject to this clause, if, immediately before 1 July 2009, a person

was taken, under section 731J of this Act, to satisfy the activity test

because the person met the qualification conditions for a carer

payment for caring for a child or children referred to in paragraph

198(2)(b) or (c) of this Act, this Act (as in force immediately

before that time) continues to apply in relation to the person.

Taken to satisfy the activity test for up to 3 months after child turns

(2) If:

(a) either:

(i) a person continues to be taken to satisfy the activity test

in section 731J of this Act because of subclause (1) for

caring for a child or children; or

(ii) a person starts to become taken to satisfy the activity

test because of subclause 142(3) for caring for a child or

children; and

(b) the child, or one of the children, turns 16; and

under the Adult Disability Assessment Tool; and

Schedule 1 A mendment of the Social Security Act 1991

28 Social Security Legislation Amendment (Improved Support for Carers) (Consequential

and Transitional) Bill 2009 No. , 2009

(d) apart from the child turning 16, the person would remain

taken to satisfy the activity test;

the person continues to be taken to satisfy the activity test for 3

months after the child turns 16.

Unlimited hospitalisation--profoundly disabled child or disabled

child

(3) Subsection 731J(2) of this Act as amended by Schedule 1 to the

Social Security Legislation Amendment (Improved Support for

Carers) (Consequential and Transitional) Act 2009 applies to a

person who:

(a) continues to be taken to satisfy the activity test in

section 731J of this Act because of subclause (1) for caring

for a child or children; or

(b) starts to become taken to satisfy the activity test because of

subclause 142(3) for caring for a child or children.

Amend ment of the Social Security (Ad ministration) Act 1999 Schedule 2

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 29

Schedule 2

Amendment of the Social

Security (Administration) Act 1999

1 Subsection 70(1)

After "constant care", insert "(or, if section 197F of the 1991 Act

applies to the person, care)".

2 Subparagraph 120(2)(c)(ii)

Omit "profoundly disabled child or a disabled child", substitute "sole

care child, combined care child or multiple care child".

3 Paragraph 120(4)(a)

Omit "profoundly disabled child", substitute "sole care child".

4 Paragraph 120(4)(d)

Omit "disabled".

5 Paragraph 120(5)(a)

Omit "disabled children", substitute "combined care children".

6 Paragraphs 120(5)(d) and (e)

Omit "disabled".

7 After subsection 120(5)

Insert:

(5A) If:

(a) on the basis of the sum of the taxable incomes for a tax year

of care receivers who are a lower ADAT score adult and one

or more multiple care children, the Secretary makes a

determination that a person (the carer) is entitled to carer

payment because the carer is providing care to the care

receivers; and

(b) the sum of the taxable incomes of the care receivers for a

later tax year exceeds the income ceiling under section 198A

of the 1991 Act; and

cancelling or suspending the carer's carer payment;

Schedule 2 A mendment of the Social Security (Ad min istration) Act 1999

30 Social Security Legislation Amendment (Improved Support for Carers) (Consequential

and Transitional) Bill 2009 No. , 2009

the adverse determination takes effect:

(d) if the Secretary made the determination under section 80 after

the carer or the lower ADAT score adult informed the

Department that the sum of the taxable incomes exceeded the

income ceiling--on the day on which the Department was so

informed; or

(e) if, when the Secretary made the determination under

section 80, the Department had not been informed by the

carer or the lower ADAT score adult that the sum of the

taxable incomes exceeded the income ceiling--on the day on

which the sum of the taxable incomes exceeds the income

ceiling.

8 After clause 15 of Schedule 2

Insert:

15A Carer payme nt claimed on or after 1 July 2009 and before

1 October 2009

If:

(a) a person is qualified for a carer payment other than under

section 198 of the 1991 Act; and

(b) the person makes a claim for a carer payment on or after

1 July 2009 and before 1 October 2009;

the person's start day in relation to the payment is the day on

which the person became qualified for a carer payment other than

under section 198 of that Act.

Amend ment of the Veterans' Entitlements Act 1986 Schedule 3

Social Security Legislation Amendment (Improved Support for Carers) (Consequential and

Transitional) Bill 2009 No. , 2009 31

Schedule 3

--Amendment of the Veterans'

Entitlements Act 1986

1 Subsection 52ZZZWA(4)

Repeal the subsection, substitute:

(4) If the principal beneficiary is under 16 years of age,

subsection (4A) must apply to him or her.

(4A) This subsection applies if:

(a) the principal beneficiary is a person with a severe disability

or a severe medical condition; and

(b) another person (the carer) has been given a qualifying rating

of intense under the Disability Care Load Assessment (Child)

Determination (within the meaning of the Social Security

Act) for caring for the principal beneficiary; and

has certified in writing that, because of that disability or

condition:

(i) the principal beneficiary will need personal care for 6

months or more; and

(ii) the personal care is required to be provided by a

specified number of persons; and

(d) the carer has certified in writing that the principal beneficiary

will require the same care, or an increased level of care, to be

provided to him or her in the future.

2 Saving

principal beneficiary of a special disability trust

Despite the amendment made by item 1, the Veterans' Entitlements Act

1986 as in force immediately before 1 July 2009 continues to apply to a

person who was a principal beneficiary (within the meaning of

section 52ZZZWA of that Act) under 16 years of age immediately

before that time.

Commonwealth of Australia Bills

SOCIAL SECURITY LEGISLATION AMENDMENT (IMPROVED SUPPORT FOR CARERS) (CONSEQUENTIAL AND TRANSITIONAL) BILL 2009