Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 197D

Disabled adult and one or more children each with a disability or medical condition

  (1)   A person is qualified for a carer payment if:

  (a)   the person personally provides constant care for both or all of the following persons (the care receivers ):

  (i)   a disabled adult who has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 20, being a score calculated on the basis of a total professional questionnaire score of at least 8;

  (ii)   one or more persons aged under 16 each with a disability or medical condition; and

  (b)   the person has been given a qualifying rating of intense under the Disability Care Load Assessment (Child) Determination for caring for the care receivers; and

  (c)   in relation to each care receiver who is aged under 16--a treating health professional has certified in writing that, because of that disability or condition:

  (i)   the care receiver 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 provision of constant care by the person severely restricts the person's capacity to undertake paid employment; and

  (e)   the person is not qualified for a carer payment under section   198 because of paragraph   198(2)(a) for caring for the care receiver who is the disabled adult; and

  (f)   the requirements of subsections   (2), (3) and (4) are met.

Constant care in home

  (2)   The constant care must be provided in a private residence that is the home of the care receivers.

Person must be Australian resident

  (3)   The person must be an Australian resident.

Note:   For Australian resident see section   7.

Care receivers: residence and income and assets tests etc.

  (4)   The care receivers must:

  (a)   require constant care; and

  (b)   be Australian residents; and

  (c)   pass the income test under section   198A; and

  (d)   either:

  (i)   pass the assets test under section   198D; or

  (ii)   be the subject of a decision in force under subsection   198N(2), (3) or (4) that subparagraph   (i) does not disqualify the person providing the constant care from carer payment.