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 intended only as a guide to social security payments. 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.C.146 Child with a profound disability (CP (child))

Note: This definition relates to carers who qualified for CP (child) under the pre 1 July 2009 qualification provisions and:

  • were receiving CP immediately before 1 July 2009 and continue to be qualified from 1 July 2009 because of a saving provision, OR
  • whose CP was cancelled on or after 1 July 2008 and before 1 July 2010, and who were eligible to claim and qualify under the pre 1 July 2009 qualification provisions if they claimed BEFORE 1 July 2010.

Act reference: SSAct Schedule 1A clause 140 Person whose CP was cancelled on or after 1 July 2008 and before 1 July 2010, Schedule 1A clause 141 Saving-profoundly disabled child and disabled child

Policy reference: SS Guide 1.1.G.55 Grandfathering arrangements (CP (child)), 3.6.4.10 Qualification for CP

Definition

For the purposes of CP, a child meets the definition of a child with a profound disability if:

  • the child has a severe disability (1.1.S.133) OR the child has a severe medical condition (1.1.S.130), AND
  • BECAUSE of that disability or condition, needs continuous personal care (1.1.C.340) for a minimum of 6 months unless the child's condition has been certified by a medical practitioner as a terminal illness for which palliative care has replaced treatment, AND
  • the child's disability or condition MUST include at least 3 of the following
    • the child receives all food by nasogastric or percutaneous enterogastric tube
    • the child has a tracheostomy
    • the child must use a ventilator for at least 8 hours a day
    • the child has faecal incontinence (1.1.F.05) day and night, AND if the child is under 3 years old, is expected to have faecal incontinence day and night at the age of 3
    • the child cannot stand without support, AND if the child is under 2 years old, is expected to be unable to stand without support at the age of 2
    • a medical practitioner has certified in writing that the child has a terminal condition for which palliative care has replaced active treatment, or
    • the child requires personal care on 2 or more occasions between 10pm and 6am each day, AND if the child is under 6 months old, is expected to need personal care between 10pm and 6am each day at the age of 6 months, OR
  • a medical practitioner has certified in writing that
    • the child has a terminal condition and is in the advanced phase of that condition, AND
    • the child has a life expectancy measured in weeks or months or it is possible that the child will live for more than 12 months but unlikely that he or she will live for a period substantially greater than 12 months, AND
    • because of the terminal condition the child will need continuous personal care for the remainder of his or her life.

Note: A person may qualify for CP because of the combined care needs of 2 or more children with disabilities where the combined needs of both children are equivalent to that of a child with a profound disability (1.1.T.190).

OR

Alternatively, for the purposes of CP, a child is a profoundly disabled child if:

  • the child has either

    • a severe intellectual, psychiatric or behavioural disability, or
    • a severe intellectual, psychiatric or behavioural medical condition, and
  • the child, because of the disability or condition, needs continuous personal care for
    • 6 months or more, or
    • if the child's condition is terminal and the child's life expectancy is less than 6 months - the remainder of the child's life, and
  • the child is at least 6, and under 16, years of age, and
  • because of the child's disability or condition, the child does one or more of the following
    • repeatedly engages in dangerous behaviour that is, or that gives rise to, a significant risk (whether immediate or long-term) to the child's health or safety and that, without carer intervention, would result in the child suffering sustained tissue or bodily damage, or death
    • repeatedly engages in aggressive or violent behaviour that is, or that gives rise to, a significant risk to the health or safety of others, or that results in significant property damage, as a result of which the child is regularly or permanently excluded from community programs, activities, services or facilities
    • repeatedly engages in severe sexually deviant or sexually inappropriate behaviour, as a result of which the child is regularly or permanently excluded from community programs, activities, services or facilities.

Act reference: SSAct pre-1 July 2009 section 197(2) A child is a profoundly disabled child if …, section 197(2A) A child is a profoundly disabled child if a medical practitioner …

Policy reference: SS Guide 3.6.4.10 Qualification for CP

Last reviewed: