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
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).
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.