Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT (IMPROVED SUPPORT FOR CARERS) (CONSEQUENTIAL AND TRANSITIONAL) ACT 2009 (NO. 45, 2009) - SCHEDULE 3

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

                     (c)  a treating health professional (within the meaning of that Act) 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.