Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 957

Continuation of allowance where temporary cessation of care

  (1)   Subject to subsection   (3), if:

  (a)   a person is qualified, under section   953, 954 or 954A, for carer allowance because a care receiver or care receivers are receiving care and attention on a daily basis; and

  (b)   the care receiver or care receivers temporarily cease to receive care and attention that would qualify the person for carer allowance;

the person does not cease to be qualified for carer allowance merely because of that cessation.

Continuation of allowance after hospitalisation--section   955 ceases to apply

  (2)   Subject to subsection   (3), if:

  (a)   a person is qualified for carer allowance under section   955 because the person or another person is participating in the care of a disabled child or disabled adult in hospital; and

  (b)   apart from this subsection, the person would later cease to be qualified for carer allowance under that section; and

  (c)   the person would not cease to be qualified for carer allowance if the disabled child or disabled adult were receiving care and attention on a daily basis;

the person does not cease to be qualified for carer allowance merely because of the lack of receipt of that care and attention.

Limit on subsections   (1) and (2)

  (3)   However, the period, or the sum of the periods, for which subsection   (1) or (2), or a combination of those subsections, can apply is:

  (a)   63 days in any calendar year; or

  (b)   another period that the Secretary, for any special reason in the particular case, decides to be appropriate.

Cessation of care in order to undertake training etc.

  (4)   If:

  (a)   a person is qualified under section   953 for carer allowance for a care receiver who is a disabled child or for care receivers who are 2 disabled children; and

  (b)   the care receiver or either or both of the care receivers then are, or are likely to be, receiving education, training or treatment (other than treatment in hospital) for a period; and

  (c)   during the period the care receiver or care receivers are not receiving the care and attention that would qualify the person for carer allowance; and

  (d)   subsection   (1) does not apply to the period;

the person does not cease to be qualified for carer allowance during the period merely because of the lack of receipt of that care and attention.

Note:   A person who continues to be qualified for carer allowance because of subsection   (4) will receive a reduced rate of carer allowance: see subsection   974(3).