Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1993 No. 36, 1993 - SECT 20

20. Section 955 of the Principal Act is repealed and the following section is
substituted: Qualification while person not providing care 42 days or less

"955. (1) If:

   (a)  a person would, apart from this subsection, stop being qualified for a
        child disability allowance for a CDA child for a period, or periods,
        in a particular calendar year, because during the period, or periods,
        the child is not receiving care and attention on a daily basis from:

        (i)    if the person is a member of a couple-the person or the
               person's partner; or

        (ii)   if the person is not a member of a couple-the person; in a
               private home that is the residence of the person and the child;
               and

   (b)  during the period, or periods, the child is in respite care or is in
        hospital; and

   (c)  the period, or the aggregate of the periods, during which the child is
        in respite care (if any) does not exceed, or is not likely to exceed,
        42 days in that calendar year; and

   (d)  the period, or the aggregate of the periods, during which the child is
        in a hospital (if any) does not exceed, or is not likely to exceed, 42
        days in that calendar year; the person continues to be qualified for a
        child disability allowance for the CDA child during the period or
        periods. Note 1: A person who continues to be qualified because of
        subsection (1) will receive the full rate of child disability
        allowance. Note 2: For circumstances which are not respite care see
        subsection (3). More than 42 days in respite care or in hospital

"(2) If:

   (a)  a person would, apart from this subsection, stop being qualified for a
        child disability allowance for a CDA child for a period because during
        the period the child is not receiving care and attention on a daily
        basis from:

        (i)    if the person is a member of a couple-the person or the
               person's partner; or

        (ii)   if the person is not a member of a couple-the person; in a
               private home that is the residence of the person and the child;
               and

   (b)  during the period the child is in short-term respite care or is in a
        hospital on a short-term basis; and

   (c)  subsection (1) does not apply to the period; the Secretary may decide
        that the person continues to be qualified for a child disability
        allowance for the child for a period determined by the Secretary. Note
        1: A person who continues to be qualified because of subsection (2)
        will receive the full rate of child disability allowance. Note 2: For
        circumstances which are not respite care see subsection (3). Meaning
        of respite care

"(3) For the purposes of subsections (1) and (2), a CDA child who is boarding
away from home to receive education, training or treatment is taken not to be
in respite care. CDA child receiving education, training or treatment (but not
in hospital)

"(4) If:

   (a)  a person would, apart from this subsection, stop being qualified for a
        child disability allowance for a CDA child for a period because during
        the period the child is not receiving care and attention on a daily
        basis from:

        (i)    if the person is a member of a couple-the person or the
               person's partner; or

        (ii)   if the person is not a member of a couple-the person; in a
               private home that is the residence of the person and the child;
               and

   (b)  during the period, the child is, or is likely to be, receiving
        education, training or treatment (other than treatment in hospital);
        and

   (c)  subsection (1) does not apply to the period; the person continues to
        be qualified for a child disability allowance for the child during the
        period. Note: A person who is qualified for a child disability
        allowance because of subsection (4) will receive a reduced rate (see
        subsection 967 (2)).".