188.8.131.52 Continuation, Variation or Termination of CA
This topic explains a range of circumstances in which CA is varied, cancelled or suspended.
Act reference: SS(Admin)Act section 123 Continuing effect of determinations
Variation or cancellation
The following is a list of the circumstances in which payment of CA may be changed or stopped:
- if the carer (1.1.C.40) ceases:
- providing care and attention on a daily basis or for at least 20 hours per week on a daily basis if they do not live with the care receiver, OR
- to be qualified during a temporary overseas trip, (a temporary overseas absence must not exceed 6 weeks), OR
- to be qualified because their and their current partner's income (where applicable) exceeds the CA income test threshold, OR
- to be qualified because they fail to provide adequate verification of the reduced ATI (184.108.40.206) for a current financial year estimate, OR
- to be qualified because they fail to provide an acceptable reason to support the reduction in ATI for a current financial year estimate, OR
- to be qualified because the event that will cause the reduction in ATI, for the current financial, has not already occurred,
- if the care receiver (1.1.C.21):
- is temporarily admitted to an institution for a period longer than allowed under the temporary cessation of care provisions, OR
- is permanently admitted to an institution, OR
- no longer requires care and attention on a daily basis because of a disability, OR
Transition rules for CA recipients who were current as of 30 June 2010:
- if the carer is in receipt of CA (child) as of 30 June 2010, they will remain qualified until they are cancelled, suspended or transferred to another payment (e.g. CA (adult)), OR
- if after 1 July 2010, the carer is in receipt of CA (child) and they apply for CP (child) under the DCLA, and are assessed as not qualified, CA (child) must be cancelled.
(Note: This does not apply for List of Recognised Disabilities (LORD) cases).
Care receiver assessment current (8.2.2)
If a care receiver has a current ADAT/recognised disability/DCLA assessment and a previous carer or a new carer applies for CA for them a new medical report may not be required unless:
- a child care receiver has reached a new developmental milestone, OR
- a claim is made within 6 months of the next medical review, OR
- there is reason to believe the care receiver's medical condition has changed.
Suspension of CA
Suspension can be used when there is a:
- need to investigate the recipient's ongoing qualification, OR
- temporary and short term interruption to qualification.
Examples: The following situations are examples of when suspension should be applied:
- when further information is required from the recipient, and there is reason to believe they no longer qualify,
- when the recipient does not reply to a request for information and appropriate follow-up action to establish their whereabouts has been taken and failed.
Cessation of care & retrospective loss
When a care recipient no longer receives care and attention on a daily basis because of a disability or medical condition, CA should be cancelled. Loss of qualification for CA on the basis that care and attention ceased to be provided for the disability or medical condition can occur retrospectively. These cases will be rare and exceptional, and only happen if the exact date can be established without dispute.
Example: Peter has a condition that seriously restricts his movement. His sister, Sue, receives CA (adult) for providing care. He undergoes new treatment and an extended period of rehabilitation. After some months, Peter's condition has improved dramatically. He regains his independence and is able to take care of his own needs. As a result of his successful rehabilitation, Peter no longer qualifies Sue for CA. Sue should notify Centrelink of the change of circumstances. Her payments must be cancelled from the date that care was no longer needed.
Carer temporarily goes overseas with care receiver
CA is portable for temporary overseas absences of up to 6 weeks. If the overseas absence becomes permanent the carer loses eligibility for CA and their payments should be cancelled.
Note: Care receivers on certain income support payments may be paid for up to 6 weeks for temporary overseas absences. A care receiver on certain other payments such as Age may be paid indefinitely whilst overseas.
Carer temporarily goes overseas without the care receiver (220.127.116.11)
If the carer travels overseas without the care receiver temporary cessation of care provisions apply.
If the absence exceeds the available temporary cessation of care provisions the carer may lose eligibility for CA.
Carer's income exceeds the CA income test threshold
CA is subject to a $250,000 income test threshold. The ATI assessment includes deemed income from account-based income streams where the account holder is 60 years of age or older.
If the carer and their current partner (where applicable) has annual ATI of $250,000 or more in the previous financial year, the carer's entitlement to CA should be cancelled unless:
- the person estimates their ATI for the current financial year is less than the income test threshold, AND
- there is an acceptable reason for the reduction in ATI (18.104.22.168), AND
- the event that has caused the reduction in ATI has already occurred (i.e. it cannot be a future event).
Temporary admission to an institution
A carer is entitled to use the temporary cessation of care provisions (22.214.171.124) when their care receiver is temporarily admitted to an institution. Once the maximum of 63 days per calendar year has been used CA should be cancelled (unless an extension is granted for a special reason) and cannot be reinstated unless the care receiver returns to the carer's care and the carer re-applies for CA.
Temporary admission to an institution that becomes permanent
A carer is entitled to use the temporary cessation of care provisions when their carer receiver is temporarily admitted to an institution. If the admission becomes permanent, the carer loses eligibility for CA from the day of permanent admission.
Permanent admission to an institution
The carer loses eligibility for CA starting from the first day the carer did not provide care and attention. In most cases, it will be the day after the person enters the institution.
Act reference: SS(Admin)Act section 80 Cancellation or suspension determination