Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 23(1) (paragraph (a) of the definition of family law order )
Omit "within the meaning of section 64B of the Family Law Act 1975 ".
2 Subsection 23(1)
Insert:
"parenting order" has the meaning given by section 64B of the Family Law Act 1975 .
3 At the end of Part 1.3
Add:
38E Disability Care Load Assessment (Child) Determination
(1) The Secretary may, by legislative instrument (the Disability Care Load Assessment (Child) Determination ):
(a) devise a test for assessing the functional ability, behaviour and special care needs of a person aged under 16 (the child ), that includes an assessment that must be completed only by a treating health professional; and
(b) provide a method for rating the care needs of the child; and
(c) provide a method for giving a qualifying rating to a person (the carer ) who is caring for the child that takes into account:
(i) the care provided for the child by the carer; and
(ii) the assessment completed by the treating health professional.
(2) If a carer who is caring for a child also cares for one or more other persons (whether or not aged under 16), the Disability Care Load Assessment (Child) Determination may provide a method for giving a qualifying rating to the carer that takes into account:
(a) both:
(i) the care provided for the child by the carer; and
(ii) the assessment completed by the treating health professional; and
(b) the care provided by the carer for each other person.
38F Treating health professional
The Secretary may, by legislative instrument, determine that a person, or any person included in a class of persons, is a treating health professional for the purposes of this Act (other than for the purposes of the Adult Disability Assessment Tool or the Child Disability Assessment Tool).
4 Subsection 197(1) (definition of care receiver )
After "subsection", insert "197B(1), 197C(1), 197D(1), 197E(1), 197G(1), 197H(1) or".
5 Subsection 197(1)
Insert:
"Disability Care Load Assessment (Child) Determination" has the meaning given by subsection 38E(1).
6 Subsection 197(1) (definition of lower ADAT score adult )
After "because", insert "subparagraph 197D(1)(a)(i), or".
7 Subsection 197(1) (definition of profoundly disabled child )
Repeal the definition.
8 Subsection 197(1)
Insert:
"treating health professional" means a person who is determined under section 38F to be a treating health professional.
9 Subsections 197(2), (2AA) and (2A)
Repeal the subsections.
10 Before section 198
Insert:
197A Overview--circumstances in which person is qualified for carer payment
(1) The following sections set out the circumstances in which a person is qualified for a carer payment:
(a) section 197B (child with a severe disability or severe medical condition);
(b) section 197C (2 or more children each with a disability or medical condition);
(c) section 197D (disabled adult and one or more children each with a disability or medical condition);
(d) section 197E (child who has a terminal condition);
(e) section 197F (exchanged care of children);
(f) section 197G (short term or episodic care of children);
(g) section 197H (extension of short term or episodic care of children);
(h) section 198 (disabled adult, or disabled adult and dependent child);
(i) section 198AA (hospitalisation).
(2) In addition, sections 198AB and 198AC allow a person to continue to qualify for a carer payment in certain short‑term circumstances.
197B Qualification--child with a severe disability or severe medical condition
Child with a severe disability or severe medical condition
(1) A person is qualified for a carer payment if:
(a) the person personally provides constant care for a person (the care receiver ) aged under 16 with a severe disability or severe 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 receiver; and
(c) 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 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 receiver.
Person must be Australian resident
(3) The person must be an Australian resident.
Note: For Australian resident see section 7.
Care receiver: residence and income and assets tests etc.
(4) The care receiver must:
(a) require constant care; and
(b) be an Australian resident; 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.
197C Qualification--2 or more children each with a disability or medical condition
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 2 or more persons (the care receivers ) 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--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 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.
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.
197E Qualification--child who has a terminal condition
(1) A person is qualified for a carer payment if:
(a) the person personally provides constant care for a person (the care receiver ) aged under 16; and
(b) a medical practitioner certifies in relation to the care receiver that:
(i) the care receiver has a terminal condition; and
(ii) the average life expectancy for a child with the same or a similar condition is not substantially longer than 24 months; and
(iii) because of the condition the care receiver will need personal care for the remainder of his or her life; and
(iv) the personal care is required to be provided by a specified number of persons; and
(c) the provision of constant care by the person severely restricts the person's capacity to undertake paid employment; and
(d) the requirements of subsections (3), (4) and (5) are met.
(2) Despite paragraph (1)(a), the person remains qualified for a carer payment under this section after the care receiver turns 16 until the earlier of the following:
(a) the person no longer otherwise qualifies for a carer payment under this section for caring for the care receiver;
(b) the care receiver turns 18.
Constant care in home
(3) The constant care must be provided in a private residence that is the home of the care receiver.
Person must be Australian resident
(4) The person must be an Australian resident.
Note: For Australian resident see section 7.
Care receiver: residence and income and assets tests etc.
(5) The care receiver must:
(a) require constant care; and
(b) be an Australian resident; 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.
197F Qualification--exchanged care of children
Purpose of section
(1) The purpose of this section is to allow a person to qualify under section 197B, 197C, 197D, 197E, 197G or 197H, or a combination of them, for a carer payment for caring for persons who are or include 2 or more persons aged under 16 despite the fact that the person is not personally providing constant care for the same persons.
When section applies
(2) This section applies if:
(a) the person is a parent of 2 or more persons aged under 16; and
(b) the person (the carer ) is personally providing care for at least 2 of those persons (the care receivers ); and
(c) the care receivers would qualify the carer for a carer payment under section 197B, 197C, 197D, 197E, 197G or 197H, apart from:
(i) the fact that the carer is not personally providing constant care for the care receivers; and
(ii) the fact that each care receiver has or may have more than one home; and
(d) the circumstances in subsection (3) apply in relation to each of the care receivers.
Circumstances--family law arrangements
(3) The circumstances are:
(a) under one or more registered parenting plans, parenting plans or parenting orders that are in force, the care receiver is to live with, or spend time with the carer and the care receiver's other parent (whether or not the care receiver is to live with, or spend time with, someone else); and
(b) the length or percentage of time (however described) that the care receiver is to live with, or spend time with, the carer and the other parent is specified in, or worked out in accordance with, the plans or orders; and
(c) the carer personally provides constant care for the care receiver when the care receiver is living with, or spending time with, the carer; and
(d) the carer does not personally provide constant care for the care receiver only because the terms of the plans or orders require the care receiver to live with, or spend time with, the other parent or someone else; and
(e) when the carer is not personally providing care for the care receiver, the carer is personally providing care for one or more other care receivers in relation to whom this subsection also applies.
Qualification for a carer payment
(4) If this section applies, the carer is taken to be qualified for a carer payment under section 197B, 197C, 197D, 197E, 197G or 197H, or a combination of them, for caring for the care receivers or for persons who include the care receivers, as the case requires.
Example: The parents of 3 children each with a disability or medical condition are divorced. Under a registered parenting plan covering all 3 children, one parent (the first parent) personally provides care in week 1 to:
(a) one of the children covered by the plan; and
(b) another child who is similarly disabled but who is not covered by the plan.
The other parent personally provides care for the other 2 children covered by the plan. In week 2, the parents swap care arrangements for the children covered by the plan.
The first parent would not qualify for a carer payment under section 197C because he or she is not providing constant care for the same children. However, this section allows the first parent to qualify for a carer payment for providing care for different children.
197G Qualification--short term or episodic care of children
Secretary's determination
(1) The Secretary may determine that a person is qualified for a carer payment for a period if:
(a) the person is personally providing constant care for one or more persons (the care receiver or care receivers ) each with:
(i) a severe disability or severe medical condition; or
(ii) a disability or medical condition; and
(b) each care receiver is aged under 16 at the start of the period; and
(c) in relation to each care receiver--a treating health professional has certified in writing that, because of the severe disability or severe medical condition, or because of the disability or medical condition:
(i) the care receiver will need personal care for at least 3 months but less than 6 months; and
(ii) the care is required to be provided by a specified number of persons; and
(d) apart from the fact that the care receiver, or care receivers, will need personal care for less than 6 months, the person would qualify for a carer payment:
(i) under section 197B or 197C (whether or not because of section 197F) for caring for the care receiver or care receivers; or
(ii) under section 197D (whether or not because of section 197F) for caring for the care receiver and another person.
Limits on period determined
(2) The period determined by the Secretary:
(a) must be 3 months or more and less than 6 months; and
(b) must not begin before the person's start day.
Person may remain qualified until end of period even if care receiver turns 16
(3) A person does not cease to be qualified for a carer payment under this section only because the care receiver (or any of them) turns 16 before the end of the period determined by the Secretary.
197H Qualification--extension of short term or episodic care
Extension of qualification under section 197G
(1) This section applies if:
(a) a person is qualified for a carer payment for caring for one or more persons (the care receiver or care receivers ) aged under 16 for a period (the preceding period ):
(i) under section 197G; or
(ii) if this section has previously applied to the person and the care receiver or care receivers--under the most recent application of this section; and
(b) in relation to each care receiver--before the end of the preceding period, and before the care receiver (or any of them) turns 16, the person gives the Secretary a certificate from a treating health professional certifying that:
(i) because of a severe disability or severe medical condition, or a disability or medical condition, the care receiver will need personal care for a further period of less than 3 months starting immediately after the end of the preceding period; and
(ii) the severe disability or severe medical condition, or disability or medical condition, is the same as, or related to, the severe disability or severe medical condition, or disability or medical condition, that necessitated the care for the preceding period; and
(iii) the care is required to be provided by a specified number of persons.
Person qualified for further period determined by Secretary
(2) The person is qualified for a carer payment for a further period if:
(a) apart from the fact that the care receiver or care receivers will need personal care for less than 6 months, the person would qualify for a carer payment:
(i) under section 197B or 197C (whether or not because of section 197F) for caring for the care receiver or care receivers; or
(ii) under section 197D (whether or not because of section 197F) for caring for the care receiver and another person; and
(b) the Secretary determines that a carer payment should be granted to the person for the period.
(3) The period determined must end not later than 6 months after the first day on which the person started to receive a carer payment under section 197G.
Person may remain qualified until end of period even if care receiver turns 16
(4) A person does not cease to be qualified for a carer payment under this section only because the care receiver (or any of them) turns 16 before the end of the period determined by the Secretary.
197J Qualification following qualification for short term or episodic care
Purpose of section
(1) The purpose of this section is to treat a person as qualified for a carer payment under section 197B, 197C or 197D, or because of 197F, for caring for:
(a) one or more persons aged under 16; or
(b) persons who include one or more persons aged under 16;
if, immediately beforehand, the carer was qualified for a carer payment under section 197G or 197H (whether or not because of section 197F) for caring for the person or persons aged under 16.
Person taken to be qualified
(2) If:
(a) a person is qualified for a carer payment for caring for one or more care receivers aged under 16 for a period (the preceding period ):
(i) under section 197G; or
(ii) if section 197H has applied to the person and the care receiver or care receivers--under the most recent application of that section; and
(b) before the end of the preceding period, and before the care receiver (or any of them) turns 16, the person gives the Secretary a certificate in relation to each of them as required by whichever of subsection (3) or (4) applies; and
(c) apart from paragraph 197B(1)(c), 197C(1)(c) or 197D(1)(c), the person would be qualified (whether or not because of section 197F) for a carer payment for caring for the care receiver or care receivers or for persons who include at least one of them;
the person is taken to qualify under section 197B, 197C or 197D (as the case requires) for caring for the care receiver or care receivers or for persons who include at least one of them.
Note: Paragraphs 197B(1)(c), 197C(1)(c) and 197D(1)(c) require that a treating health professional has certified that the care receiver, or each of them, will need personal care for 6 months or more.
(3) If the person was qualified for a carer payment under section 197G or 197H for caring for a care receiver with a severe disability or severe medical condition, there must be a certificate from a treating health professional certifying that:
(a) because of a severe disability or severe medical condition the duration of the personal care needed by the care receiver is 6 months or more; and
(b) the severe disability or severe medical condition is the same as, or related to, the severe disability or severe medical condition that necessitated the care for the preceding period; and
(c) the care is required to be provided by a specified number of persons.
(4) If the person was qualified for a carer payment under section 197G or 197H for caring for one or more care receivers aged under 16 each with a disability or medical condition, there must be a certificate in relation to each care receiver from a treating health professional certifying that:
(a) because of a disability or medical condition, the duration of the personal care needed by the care receiver is 6 months or more; and
(b) the disability or condition is the same as, or related to, the disability or condition that necessitated the care for the preceding period; and
(c) the care is required to be provided by a specified number of persons.
(5) For the purposes of paragraphs (3)(a) and (4)(a):
(a) the 6 months includes any preceding periods under section 197G or under an application of section 197H; and
(b) it does not matter if the treating health professional who certified under those sections is the same treating health professional referred to in subsection (3) or (4) or not.
197K Remaining qualified for up to 3 months after child turns 16
(1) This section applies if:
(a) a person is qualified for a carer payment for caring for a care receiver aged under 16 under one of the following provisions:
(i) section 197B, 197C or 197D (whether or not because of section 197F);
(ii) paragraph 198(2)(d); and
(b) the care receiver turns 16; and
(c) the care receiver has not been assessed and rated and given a score under the Adult Disability Assessment Tool.
(2) If, apart from the care receiver turning 16, the person would remain qualified for a carer payment under that provision, the person remains qualified under that provision for 3 months after the care receiver turns 16.
11 Paragraphs 198(2)(b) and (c)
Repeal the paragraphs.
Note 1: The heading to section 198 is replaced by the heading " Qualification--disabled adult or disabled adult and dependent child ".
Note 2: The heading to subsection 198(2) is replaced by the heading " Constant care for disabled adult or disabled adult and a dependent child ".
12 At the end of paragraph 198(2)(d)
Add:
; and (iv) section 197D does not apply in respect of the care receivers.
13 Subsection 198(2) (notes 1 and 2)
Repeal the notes, substitute:
Note: In a paragraph (d) case, subsection (9) deems certain supervision to constitute care.
14 Paragraph 198(5)(a)
Repeal the paragraph.
15 Subsections 198(8) and (10)
Repeal the subsections.
16 Section 198AA
Repeal the section, substitute:
198AA Qualification for carer payment--hospitalisation
Participating in care of person in hospital (not qualified under section 197G or 197H)
(1) A person (the carer ) is qualified for a carer payment if:
(a) the carer is participating in the care, in hospital, of one of the following persons (the hospitalised person ):
(i) a disabled adult;
(ii) a child with a severe disability or medical condition;
(iii) a child with a disability or medical condition;
(iv) a child who has a terminal condition;
(v) a dependent child of a disabled adult; and
(b) it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would qualify, except under section 197G or 197H (whether or not because of section 197F), for a carer payment for:
(i) the hospitalised person; or
(ii) the hospitalised person and another person or persons; and
(c) a requirement in subsection (2) is met.
(2) For the purposes of paragraph (1)(c), the requirements are that either:
(a) the hospitalised person is terminally ill; or
(b) it is reasonable to expect that, upon leaving hospital, the 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.
Limit on qualification under subsection (1)
(3) However, the period, or the sum of the periods, for which the carer can be qualified under subsection (1) for a hospitalised person who is a disabled adult is 63 days in any calendar year.
Note: There is no limit under subsection (1) for a hospitalised person who is a child.
Short term or episodic care of child (qualified under section 197G or 197H)
(4) A person (the carer ) qualifies for a carer payment if:
(a) the carer is participating in the care, in hospital, of one of the following persons (the hospitalised person ):
(i) a child with a severe disability or medical condition;
(ii) a child with a disability or medical condition; and
(b) the Secretary determines in writing that, if the hospitalised person were not in hospital, the carer would qualify under section 197G or 197H (whether or not because of section 197F) for a carer payment for a period or periods for:
(i) the hospitalised person; or
(ii) the hospitalised person and another person or persons; and
(c) it is reasonable to expect that, upon leaving hospital, the 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.
However, the period, or the sum of the periods, for which the carer can be qualified under this subsection for the hospitalised person must not exceed the period, or the sum of the periods, determined under paragraph (b).
(5) A person (the carer ) qualifies for a carer payment if:
(a) the carer is participating in the care, in hospital, of one of the following persons (the hospitalised person ):
(i) a child with a severe disability or medical condition;
(ii) a child with a disability or medical condition; and
(b) immediately before the carer began participating in that care, the carer was qualified under section 197G or 197H (whether or not because of section 197F) for a carer payment for a period for:
(i) the hospitalised person; or
(ii) the hospitalised person and another person or persons; and
(c) the person would cease to be qualified under section 197G or 197H for a carer payment for the balance of the period only because the person is participating in the care of the hospitalised person in hospital; and
(d) it is reasonable to expect that, upon leaving hospital, the 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.
However, the period, or the sum of the periods, for which the carer can be qualified under this subsection for the hospitalised person must not exceed the balance of the period referred to in paragraph (c).
17 Section 952 (at the end of the definition of care receiver )
Add "and section 954B".
18 After section 954A
Insert:
954B Qualification for carer allowance--receiving carer payment for caring for child or children
While:
(a) a person is receiving a carer payment for caring for one or more persons (the care receiver or care receivers ) other than:
(i) a care receiver referred to in subparagraph 197D(1)(a)(i); or
(ii) a care receiver referred to in paragraph 198(2)(a) or (d); and
(b) the person is not, apart from this section, qualified for carer allowance for the care receiver or care receivers;
the person is qualified for carer allowance for each care receiver.
Note: For the effect of 2 people being qualified for carer allowance for the same care receiver, see sections 964 and 965.
19 Paragraph 955(1)(b)
After "qualify", insert ", under section 953, 954 or 954A,".
Note: The following heading to subsection 955(1) is inserted " Participating in care of person in hospital ".
20 Subsection 955(2)
Repeal the subsection, substitute:
Limit on qualification under subsection (1) for disabled adult
(2) However, the period, or the sum of the periods, for which the one or more persons can be qualified under subsection (1) for a hospitalised person who is a disabled adult is 63 days in any calendar year.
Note: There is no limit for a hospitalised person who is a child.
21 Section 956
After "qualified", insert ", under section 953, 954 or 954A,".
22 Paragraph 957(1)(a)
After "qualified", insert ", under section 953, 954 or 954A,".
23 Paragraph 957(4)(a)
After "qualified", insert "under section 953".
24 Paragraph 965(2)(b)
Before "each", insert "both members of the couple are qualified under section 953, 954 or 954A for carer allowance--".
25 After paragraph 965(2)(b)
Insert:
and (ba) only one of the members of the couple is qualified under section 953, 954 or 954A for carer allowance--that member has made a claim for carer allowance (whether or not one of them is receiving carer allowance);
26 Subsection 974(3)
Omit "qualified for carer allowance apart", substitute "qualified under section 953, apart".
27 Paragraphs 992J(1)(a) and 992L(1)(a)
After "this section", insert "or section 954B".
28 Paragraph 992MB(1)(b)
Repeal the paragraph, substitute:
(b) either:
(i) the instalment was for a care receiver who was a disabled child or for care receivers who were 2 disabled children; or
(ii) the instalment was for a care receiver referred to in paragraph 954B(a).
29 At the end of Schedule 1A
Add:
Subject to clauses 138 and 140, the amendments made by items 1 to 16 of Schedule 1 to the Social Security Legislation Amendment (Improved Support for Carers) Act 2009 apply to claims for a carer payment made on or after the commencement of this clause.
138 Application--subsections 198AA(1) and (3)
Subsections 198AA(1) and (3) of this Act as amended by the Social Security Legislation Amendment (Improved Support for Carers) Act 2009 apply to a person who:
(a) is receiving a carer payment immediately before 1 July 2009; or
(b) makes a claim for a carer payment on or after 1 July 2009.
139 Application--subsection 955(2)
Subsection 955(2) of this Act as amended by the Social Security Legislation Amendment (Improved Support for Carers) Act 2009 applies to a person who:
(a) is receiving carer allowance immediately before 1 July 2009; or
(b) makes a claim for a carer allowance on or after 1 July 2009.
140 Person whose carer payment 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 (the carer ) received or receives a carer payment on or after 1 July 2008 for caring for one or more persons aged under 16; and
(b) the carer was or is qualified for the payment under paragraph 198(2)(b) or (c) of this Act (whether or not because of clause 141); and
(c) the payment was cancelled:
(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 a carer payment for caring for the same person or persons aged under 16.
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 carer'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 qualify for a carer payment under paragraph 198(2)(b) or (c) or section 197B, 197C or 197E.
(3) Subject to clause 141, if, because of subclause (2), the person is qualified for a carer payment under paragraph 198(2)(b) or (c) of this Act, this Act (as in force immediately before 1 July 2009) applies in relation to the person.
141 Saving--profoundly disabled child and disabled child
Profoundly disabled child and disabled child
(1) Subject to this clause, if a person was receiving a carer payment immediately before 1 July 2009 because the person was qualified for that payment under 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.
Remaining qualified for up to 3 months after child turns 16
(2) Despite the repeal of paragraphs 198(2)(b) and (c) of this Act by the Social Security Legislation Amendment (Improved Support for Carers) Act 2009 , paragraph 197K(1)(a) of this Act applies to a person as if that paragraph included a reference to a person:
(a) who was qualified for a carer payment under either of the repealed paragraphs; and
(b) who:
(i) remains qualified for a carer payment because of subclause (1); or
(ii) becomes qualified for a carer payment because of subclause 140(3).
Unlimited hospitalisation
(3) Despite the repeal of paragraphs 198(2)(b) and (c) of this Act by the Social Security Legislation Amendment (Improved Support for Carers) Act 2009 , subsection 198AA(1) of this Act applies to a person as if that subsection included a reference to a person:
(a) who was qualified for a carer payment under either of the repealed paragraphs; and
(b) who:
(i) remains qualified for a carer payment because of subclause (1); or
(ii) becomes qualified for a carer payment because of subclause 140(3).
Automatic qualification for carer allowance
(4) Despite the repeal of paragraphs 198(2)(b) and (c) of this Act by the Social Security Legislation Amendment (Improved Support for Carers) Act 2009 , section 954B of this Act applies to a person as if paragraph 954B(a) included a reference to a person:
(a) who was qualified for a carer payment under either of the repealed paragraphs; and
(b) who:
(i) remains qualified for a carer payment because of subclause (1); or
(ii) becomes qualified for a carer payment because of subclause 140(3).