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.

3.6.4.60 Changes to care receiver situation - effect on CP qualification

Care receiver in employment, attending education or training course

If the care receiver is employed, attending education or training course, whether on a full-time, part-time or limited basis, their carer (1.1.C.40) may still qualify for CP. The level of care required and provided during the remainder of any 24-hour period determines whether or not the carer remains qualified for CP. Temporary cessation of care provisions may apply if care is not provided to the care receiver, by the carer, for periods of 24 hours or more.

If the care receiver enters employment their circumstances should be assessed to ensure they continue to meet the care receiver's income and assets test, if applicable. The 25 hour rule (3.6.4.150) that applies to carers in receipt of CP does not apply to their care receiver/s.

Policy reference: SS Guide 3.6.4.70 Changes to carer situations - effect on CP qualification, 3.6.4.150 Continuation, variation or termination of CP, 3.6.4.40 Qualification for CP during temporary cessation of care

Care receiver in hospital

A carer may still qualify for CP where the care receiver is hospitalised (for up to 63 days in a calendar year for CP (adult) carers, and for an unlimited period for CP (child) carers) provided the carer is participating in the care of the care receiver during the period of hospitalisation.

Act reference: SSAct section 198AA Qualification for CP - hospitalisation

Policy reference: SS Guide 3.6.4.50 Qualification for CP during temporary absence from the private home - hospitalisation

Care receiver undergoing rehabilitation

A care receiver undergoing an intensive short-term course of rehabilitation while living at home is still considered to be receiving a significant level of care each day and temporary cessation of care provisions would not apply. However, if the care receiver enters a residential facility for the duration of the rehabilitation temporary cessation of care provisions may apply.

Care receiver turning 16 years of age

A carer in receipt of CP (child) before the child turns 16 can remain qualified under CP (child) provisions until the later of the following:

  • the child turns 16 years and 3 months of age, OR
  • where all CP (child) to CP (adult) transfer documentation is submitted on or before the day the child turns 16 years, until the ADAT (1.1.A.79) assessment is completed.

Exceptions: Different transitioning (to CP (adult)) rules apply if a carer is qualified for CP (child) for short term (1.1.S.172) or episodic care (1.1.E.132), or for a child with a terminal condition (1.1.T.86). The application of these rules is set out in 3.6.4.34.

Act reference: SSAct section 197E Qualification-child who has a terminal condition, section 197G Qualification-short term or episodic care of children, section 197H Qualification-extension of short term or episodic care, section 197K Remaining qualified after child turns 16

Policy reference: SS Guide 3.6.4.10 Qualification for CP, 3.6.4.34 CP (child) to CP (adult) transfer process

Care receiver changes address

If the care receiver moves to a new address the care situation may need to be reassessed to ensure that the carer is still providing constant care every day.

Note: If a care receiver moves to another state or territory without their carer, constant care may no longer be being provided. An exception to this is when the care receiver and carer live in border towns, for example, Queanbeyan/Canberra.

Example: Jean and her carer, Grace, live in Cairns. Jean has decided to move permanently to Canberra to be closer to her son, Charlie. Jean notifies Centrelink of her new address details. Grace should notify Centrelink that she is no longer providing constant care. The care situation must be reassessed.

Overseas travel

The carer may continue to be paid CP when travelling overseas with the care receiver for up to the allowed portability period (7.1.2.20).

Example: Henry and his wife Mary are planning an overseas holiday. Henry is in receipt of CP and Mary is receiving DSP. Henry and Mary need to take into consideration the duration of their overseas holiday to remain eligible for payment. Henry's allowable portability period for CP is up to 6 weeks whereas Mary's DSP allowable portability duration is up to 4 weeks in a 12 month period.

Policy reference: SS Guide 3.6.4.80 Qualification for CP during overseas travel, 7.1.2.20 Application of portability rules (portability table)

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