The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

3.6.4.34 CP (child) to CP (adult) transfer process

Note: The following transition rules apply where the child turns 16 years and 3 months of age, or 18 years of age when qualified under terminal provisions, ON or AFTER 1 April 2023. Transition rules for children reaching these age milestones prior to this date can be found in 3.6.4.160.

Summary

Transition from CP (child) to CP (adult) is not automatic and transfer documentation must be completed, lodged and assessed under the ADAT (1.1.A.78).

Services Australia will contact carers in receipt of CP when their child reaches 15 years and 6 months of age, or if qualified under terminal provisions, when the child reaches 17 years and 9 months of age, with instructions on how to complete the child to adult transfer process.

Transition rules

A carer in receipt of CP (child) can remain qualified for CP up to and including the date the child turns:

  • 16 years and 3 months of age
  • 18 years of age if qualified under terminal provisions, or
  • in some cases, until the adult assessment is completed.

The date the carer submits the completed child to adult transfer documentation determines whether CP (child) can continue until the adult assessment is completed. The table below provides greater detail about these scenarios.

If … then …
documentation is submitted ON or BEFORE the child's 16th birthday CP is guaranteed to continue until an assessment under the adult provisions is completed.

Explanation: Where the carer submits all necessary CP child to adult transfer documentation ON or BEFORE the child's 16th birthday, eligibility for CP (child) is guaranteed to continue until the adult assessment is completed if this is after the child turns 16 years and 3 months of age. Where the child:

  • is assessed, rated and given a qualifying CP (adult) score under the ADAT, the carer will transition to CP (adult) the day after the child turns 16 years and 3 months of age OR the day the adult determination is made, whichever is the later
  • is NOT given a qualifying score for CP (adult) under the ADAT, CP (child) will be cancelled the day after the child turns 16 years and 3 months of age OR the day the adult determination is made, whichever is the later.
If … then …
documentation is submitted AFTER the child's 16th birthday and ON or BEFORE they reach 16 years and 3 months CP will cease the day after the child reaches 16 years and 3 months, unless an assessment under the adult provisions has been completed.

Explanation: Where the carer submits all CP child to adult transfer documentation AFTER the day the child turns 16 years, no payment continuation guarantee exists. CP (child) will continue to be paid until the day after the child turns 16 years and 3 months. On this date:

  • if the CP child to adult transfer has been processed and the child is given a qualifying score under the ADAT the carer will transition to CP (adult)
  • if the CP child to adult transfer has been processed and the child is NOT given a qualifying score under the ADAT, CP (child) will be cancelled, or
  • if the child to adult transfer has NOT been processed, CP (child) qualification will cease. Where a qualifying CP (adult) score is achieved once assessed, CP (adult) will commence, with CP (adult) backdated to the date of CP (child) cancellation.

Example: Alba cares for her granddaughter Mina who is turning 16 years of age. Alba lodges the CP child to adult transfer documentation 10 weeks after Mina turns 16. Alba's CP (child) payment ceases the day after Mina turns 16 years and 3 months of age. When Alba's CP (adult) transfer is assessed around 4 weeks later Mina is given a qualifying ADAT score. Alba is granted CP (adult) and her CP (adult) is backdated to the date her CP (child) was cancelled.

If … then …
documentation submitted AFTER the child turns 16 years and 3 months CP ceases the day after the child reaches 16 years and 3 months.

Explanation: If the CP child to adult transfer documentation is submitted within 13 weeks of the day CP (child) was cancelled it is considered a review of CP (child) cancellation. Once assessed, if a qualifying ADAT score is achieved, payment of CP (adult) will commence with payment backdated to the date of CP (child) cancellation.

CP child to adult transfer documentation cannot be lodged more than 13 weeks after the date of CP (child) cancellation. A new CP (adult) claim would need to be completed and lodged. Where this claim achieves a qualifying ADAT score, CP (adult) will commence, however NO backdating provisions apply to cover the period between CP (child) cancellation and the new CP (adult) grant.

Example: Sara received CP (child) for her daughter Lucy and forgot to complete her child to adult transfer. After receiving notification that her payment had been cancelled Sara submitted a transfer when Lucy was 16 years and 5 months old. When Sara’s transfer is assessed some weeks later Lucy is given a qualifying ADAT score and Sara’s CP is restored under the adult provisions. As the documentation was submitted within 13 weeks of the CP (child) cancellation payment is able to be backdated because it is considered a review of decision.

If Sara had submitted a new CP (adult) claim when Lucy was 16 years and 7 months of age and achieved a qualifying ADAT score, CP (adult) would be granted from the date the new claim was lodged. As this was outside the 13 week review window it is not considered a review of payment and no backdating provisions apply.

If … then …
documentation for a child qualified under terminal provisions is submitted ON or BEFORE the child’s 18th birthday CP is guaranteed to continue until the adult assessment is completed.

Explanation: If a carer submits all necessary CP child to adult transfer documentation ON or BEFORE the child’s 18th birthday, eligibility for CP (child) is guaranteed to continue until the adult assessment is completed if this is after the child turns 18 years. Where the child:

  • is assessed, rated and given a qualifying CP (adult) score under the ADAT, the carer will transition to CP (adult) on the day after the child turns 18 years OR the day the adult determination is made, whichever is the later, OR
  • is NOT given a qualifying score for CP (adult) under the ADAT, CP (child) will be cancelled at the end of the day before the child turns 18 year of age OR the day the adult determination is made, whichever is the later.

If the transfer documentation is NOT submitted ON or BEFORE the child's 18th birthday, CP will be cancelled at the end of the day before the child reaches 18 years. If the transfer documentation is submitted within 13 weeks of the date CP (child) was cancelled it is considered a review of CP (child) cancellation. If a qualifying ADAT score is achieved, payment of CP (adult) will commence with payment backdated to the date of CP (child) cancellation.

If the carer does not lodge the transfer documentation within 13 weeks after the date of CP (child) cancellation, a new CP (adult) claim would need to be completed and lodged. Normal date of effect rules apply.

Act reference: SSAct section 197K Remaining qualified after child turns 16, section 197E, Qualification-child who has a terminal condition, 954B Qualification for CA-receiving CP for caring for child or children

Policy reference: SS Guide 3.6.4.10 Qualification for CP, 3.10.5 Dates of effect, 6.2.5.55 CP (child) reviews - care load reviews, 3.6.4.33 Qualification for CP (child) - child who has a terminal condition

Carer qualified for CP (child) under combined or multiple care provisions

Where a child who qualifies for CP (child) under combined care or multiple care provisions is turning 16 years and 3 months of age, the carer can choose to test eligibility for CP (adult) for this child. CP (child) continuation or cancellation while awaiting the outcome of the ADAT assessment is determined by the date the child to adult transfer documentation is submitted, as outlined in the scenarios above.

If the carer continues to provide care to more than one individual, they may be eligible for CP (child) under the following provisions:

  • multiple care for the care of the remaining child/ren (up to 2 children) as well as an adult with disability (the adult could be the child turning 16 years and 3 months of age), or
  • combined care - if there are at least 2 children (up to 4 children) with disability or a medical condition in their care.

In some circumstances, if a current DCLA (1.1.D.170) score (under 12 months old) is recorded for each child, they may be used to establish ongoing CP (child) qualification. Where a DCLA score is more than 12 months old, or if the care arrangement includes a new child or adult who was not part of the original multiple care or combined care arrangement, a complete new CP claim would be required.

Act reference: SSAct section 197C Qualification-2 or more children each with a disability or medical condition, section 197D Qualification-disabled adult and one or more children each with a disability or medical condition

Policy reference: SS Guide 3.6.4.35 Qualification for CP (child) - combined care, 3.6.4.36 Qualification for CP (child) - multiple care

Carer qualified for short term or episodic care

Qualification for CP (child) does not cease for short term or episodic care (3.6.4.38) if the child turns 16 years and 3 months of age before the end of the period determined by the delegate, provided they continue to meet all other qualification provisions. CP (child) qualification for short term or episodic care remains until the end of the determined period.

If a carer applies for CP (adult) for the child, and the child is assessed, rated and given a score BEFORE the end of the period determined by the delegate, and:

  • is given a qualifying score for CP (adult), transition to CP (adult) will be on the day the delegated period ceases, or
  • is NOT given a qualifying score for CP (adult), CP (child) will be cancelled the day the delegated period ceases.

If the carer applies for CP (adult) within 13 weeks from the day of CP cancellation and is given a qualifying ADAT score, CP (adult) will commence, with payment backdated to the date of CP (child) cancellation.

Note: A decision to extend a period of short term or episodic care can only be made if an application for extension is made BEFORE the child reaches 16 years of age.

Act reference: SSAct section 197G Qualification-short term or episodic care of children

Policy reference: SS Guide 3.6.4.10 Qualification for CP, 3.6.4.38 Qualification for CP (child) - short term or episodic care, 3.6.4.39 Qualification for CP (child) - extension of short term or episodic care

CA (child) qualification through CP (child)

A carer qualified for CA (child) through qualification for CP (child) will continue to receive CA (child) until CP (child) eligibility ceases.

Act reference: SSAct section 954B Qualification for CA-receiving CP for caring for child or children

Policy reference: SS Guide 3.6.7.35 Qualification for CA (child) - automatic qualification for CA (child) through qualification for CP (child)

Ex WP recipients qualified for CP through CA qualification

An ex WP recipient who qualified for CP through CA for a child who is turning 16 years and 3 months of age will continue to qualify for CP as long as they continue to receive CA. Should eligibility for CA cease for any reason, CP is no longer payable. If the carer continues to provide care they can apply and test eligibility for CP under the general CP qualification criteria.

Act reference: SSAct section 198AD Qualification - WP and CA recipient, section 198AC Effect of cessation of care etc. on CP

Policy reference: SS Guide 3.6.4.55 Qualification for CP for ex WP recipients

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