Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 197J

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.