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.

3.6.4.39 Qualification for CP (child) - extension to short term or episodic care

Summary

A person who has qualified for CP (child) for a period for care provided to a care receiver or care receivers on a short term or episodic basis, may apply for an extension of the period if the reason (that is, disability or medical condition) for the care will extend beyond the period previously determined by the Secretary.

Policy reference: SS Guide 3.6.4.38 Qualification for CP (child) - short term or episodic care

Qualification

To qualify for an extension of CP (that is, a further period of CP) under short term or episodic provisions, the criteria listed in the following table must be met. Where more detail about a criterion is required, the second column indicates where you will find this.

Criterion More detail

A person is qualified for a CP for one or more people (the care receiver or care receivers) aged under 16 years for a period previously determined by the Secretary, AND

A person will remain qualified under this section if, during the period determined by the Secretary, the care receiver or carer receivers turn 16.

in relation to each care receiver, before the end of the preceding period, and before the care receiver/s turns 16 years of age, the person gives the delegate of the Secretary a certificate from a THP (1.1.T.170) certifying that, because of the severe disability, severe medical condition, 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
  • the severe disability, severe medical condition, disability or medical condition is the same as, or related to, the severe disability, severe medical condition, disability or medical condition that necessitated the personal care for the preceding period, AND
  • the care is required to be provided by a specified number of people, AND

The Secretary may extend the period for a period that ends not later than 6 months after the start date for CP. That is, each individual period of short term or episodic care cannot last for longer than 6 months.

If a THP has not certified that more than one carer is required to provide care to the care receivers who are children then only one person can qualify for CP in respect of the care receiver/s.

A THP can change the certification from short term care to episodic care and extend a period of short term care on an episodic care basis.

apart from the fact that the care receiver or care receivers will need personal care for less than 6 months, the carer would qualify for a CP.

3.6.4.10 Qualification for CP

A carer does not cease to be qualified for CP on a short term or episodic basis if the care receiver/s turns 16 years of age before the end of the period, provided they continue to meet all other qualification provisions.

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

A THP can extend short term CP or episodic care CP beyond 6 months, but qualification will no longer be under short term or episodic care CP.

See this topic.

Example: Extension of period

Peter has 2 children, Angela and Victoria. Peter also provides care for his disabled mother, Dawn. Angela does not have a disability or a medical condition. Victoria has a medical condition, but the care that Peter provides to Victoria and his mother does not achieve a qualifying rating of intense under the DCLA.

Angela is involved in an accident and required care for a 4-month period. When the care that Peter provides to Angela is combined with the care that Peter provides to Victoria and Dawn, the care load is rated as intense under the DCLA. Angela only requires care for 4 months and the Secretary determined that Peter is qualified for CP for a period of 4 months under the short term provisions.

Before the end of the 4-month period determined by the Secretary, Peter finds out Angela will require further surgery and will require care for a month after the end of the initial period. Peter gives the Secretary a certificate signed by a THP that states that Angela will require care for a further period of a month because of surgery associated with the same condition. Therefore, the Secretary may determine that Peter is qualified for CP for a further month. Peter would be able to obtain further extensions, of at least one day per extension, for a period of up to 6 months from the start date of CP in relation to the medical condition/disability if, before the end of each period, he provides a certificate from a THP, stating that Angela requires care for a further period.

Act reference: SSAct section 197G Qualification—short term or episodic care of children, section 197H Qualification—extension of short term or episodic care

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

Extension of short term or episodic care beyond 6 months

If a person is qualified for a CP for care provided on a short term or episodic basis and, during the period in which they are qualified, a THP certifies that the care receiver or care receivers will require care for 6 months or more (for the same or related severe disability, severe medical condition, disability or medical condition), the person will no longer qualify for CP under short term or episodic care provisions. The 6 months or more is a continuous period including any short term or episodic periods preceding the extension. The person may then qualify under any of the other CP qualification criteria requiring that care be provided and required for a minimum of 6 months.

Note: Any THP can certify that the care receiver requires care for a further period due to the initial disability or medical condition. It is not necessary for the THP who initially certified the period of care required to provide certification for a further period, but if it is not the same THP, they should sight evidence of the initial, and any further, certification.

Act reference: SSAct section 197J Qualification following qualification for short term or episodic care, section 197B Qualification—child with a severe disability or severe medical condition, 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 3.6.4.10 Qualification for CP, 3.6.4.38 Qualification for CP (child) - short term or episodic care

Qualification for HCC

A person who has been granted an extension of CP (child) for care provided to a care receiver/s on a short term or episodic basis will remain qualified for a HCC for this period.

Act reference: SSAct section 1061ZK(3A) This section applies to a person …

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