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SOCIAL SECURITY ACT 1991 - SECT 1061ZK

Qualification: general rules

  (1)   A person is qualified for a health care card on a day if this section applies to the person on that day.

  (2)   This section applies to a child on a day if a person is qualified under Part   2.19 for carer allowance for the child on that day.

  (3)   This section applies to a disabled child on a day if all of the following paragraphs are satisfied on that day:

  (a)   the child is or would, but for subsection   5(3), be a dependent child of another person (the carer );

  (b)   because of his or her disability, the child needs, on a daily basis, a level of care and attention that is substantially more than that needed by a person of the same age who does not have a physical, intellectual or psychiatric disability;

  (c)   the child receives care and attention on a daily basis from:

  (i)   if the carer is a member of a couple--the carer, the carer's partner or the carer together with another person (whether or not the carer's partner); or

  (ii)   if the carer is not a member of a couple--the carer or the carer together with another person;

  (d)   that care and attention is received in a private home that is the residence of the child and the carer;

  (e)   the carer satisfies the carer allowance income test under section   957A.

Note:   For disabled child , see subsection   (8).

  (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.

  (4)   This section applies to a person on a day if, on that day:

  (a)   the person is entitled, under the Family Assistance Administration Act, to be paid family tax benefit by instalment; and

  (b)   the person's daily rate of family tax benefit consists of, or includes, a Part A rate calculated under Part   2 or 3A of Schedule   1 to the Family Assistance Act that is greater than nil (disregarding reductions (if any) under clause   5 of that Schedule); and

  (c)   the person's income excess for the purposes of Division   2C of Part   5 of Schedule   1 to the Family Assistance Act is nil.

  (4A)   This section applies to a person on a day if, on that day:

  (a)   the person has a regular care child; and

  (b)   the person is not entitled, under the Family Assistance Administration Act, to be paid family tax benefit by instalment; and

  (c)   the person's income excess for the purposes of Division   2C of Part   5 of Schedule   1 to the Family Assistance Act is nil.

  (5)   This section applies to a person (other than a person who is qualified for a pensioner concession card because of subsection   1061ZA(2A), (2B), (2D) or (2E)) on a day if on that day the person is receiving:

  (a)   a youth allowance; or

  (b)   an austudy payment; or

  (c)   a jobseeker payment; or

  (f)   benefit PP (partnered); or

  (h)   special benefit.

  (6)   This section applies to a person on a day if on that day:

  (a)   the person is receiving a payment under the ABSTUDY Scheme that includes an amount identified as living allowance, where the person satisfies the eligibility criteria for that payment; or

  (b)   another person, on behalf of the person, is receiving a payment under the ABSTUDY Scheme that includes an amount identified as living allowance.

  (7)   This section applies to a person on a day if, on that day, the person is receiving mobility allowance.

  (8)   In subsection   (3):

"disabled child" means a person aged under 16 years and 3 months who:

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

  (b)   is likely to suffer from that disability permanently or for an extended period.

  (9)   This section has effect subject to section   1061ZN.


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