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.

1.1.D.10 Daily basis (CA)

Definition

For the purposes of CA, daily basis means every day. The context in which 'daily' is used in the legislation ensures that the carer provides care and attention to the care receiver because of his or her disability (either alone or with others in a shared care situation) 7 days a week. This is subject to periods when the carer may take periods of temporary cessation of care (3.6.7.50).

Example 1: Mary cares for her mother 6 days each week and uses temporary cessation of care one day a week to give herself a break from caring. Mary would therefore be seen to be providing care on a daily basis.

Example 2: Sue provides personal care to her father on Mondays, Wednesdays and Fridays with no other carer providing personal care for the remainder of the week. Sue is not providing care on a daily basis and would not meet the 'daily' requirement.

Example 3: Rebecca and Joe are partnered and both care for their daughter Julie, aged 8 years, who has cerebral palsy. Rebecca and Joe share the care their daughter requires because of her disability, with Rebecca providing care for a greater period of the week than Joe. It is determined that together they provide care on a daily basis but because they are a couple the payment is made to one member only. Rebecca is granted 100% of the payment.

Example 4: Heather and Sam are divorced but still share care for their son James, aged 12 years, who has Downs Syndrome. Sam provides care for 5 days a week and Heather provides care the other 2 days. Heather and Sam both apply for CA. A determination is made that they share care and they each receive a proportional payment of CA.

Example 5: Ann cooks meals to take to her elderly father every day but he does not need help to eat. Although Ann provides meals to her father everyday she is not providing personal care because of the disability on a daily basis and therefore, would not qualify for CA.

Care provided to deal with a temporary illness or medical crisis does NOT satisfy the eligibility requirements for CA, as the disability for which the person requires care must be permanent or for an extended period of at least 12 months.

Act reference: SSAct section 953 Qualification for CA-caring for either 1 or 2 disabled children, section 954 Qualification for CA-caring for a disabled adult in a private home of both the adult and the carer, section 954A Qualification for CA-caring for a disabled adult in a private home not shared by the adult and carer, section 965 CA not payable to more than one member of a couple, section 981 Secretary may make declaration where 2 people are qualified for CA for the same care receiver or care receivers

Policy reference: SS Guide 3.6.7 CA - qualification & payability

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