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.C.20 Care receiver (CP)

Definition

For the purposes of CP, a care receiver is an adult with a physical, intellectual or psychiatric disability; or a dependent child of a disabled adult; or a child with a severe disability, severe medical condition, disability or medical condition; or a child with a terminal condition in respect of whom a carer qualifies for CP for caring for the adult or child. There are 6 types of care receivers:

in respect of whom a carer qualifies for CP.

Policy reference: SS Guide 3.6.4.10 Qualification for CP

Higher ADAT score adult

A person meets the definition of a care receiver if the person:

  • requires constant care (1.1.C.310), AND
  • (if only one person is caring for them) is assessed and rated using the ADAT and given a score of at least 25, being a score calculated on the basis of a total professional questionnaire score of at least 10, OR
  • (if more than one person is caring for them) is assessed and rated using the ADAT and given a score of at least 80, being a score calculated on the basis of a total professional questionnaire score of at least 32, AND
  • is aged 16 years or more, AND
  • is an Australian resident, AND
  • is an income support recipient, or would be but for residence requirements, OR
  • is not receiving a social security pension or benefit or DVA pension or income supplement, AND
  • passes the care receiver income and assets test (or has an exemption from the assets test).

Act reference: SSAct section 7(2) An Australian resident is a person who …, section 197(1)-'disabled adult', section 197(1)-'higher ADAT score adult', section 198 Qualification-disabled adult or disabled adult and dependent child, section 198A Income test, section 198D Assets test

Lower ADAT score adult

A person meets the definition of a care receiver if the person:

  • requires constant care, AND
  • is assessed and rated using the ADAT and given a score of at least 20, being a score calculated on the basis of a total professional questionnaire score of at least 8, AND
  • is aged 16 years of age or more, AND
  • is an Australian resident, AND
  • is an income support recipient, or would be but for residence requirements, AND
  • is not receiving a social security pension or benefit or DVA pension or income supplement, AND
  • passes the care receiver income and assets test (or has an exemption from the assets test).

Act reference: SSAct section 7(2) An Australian resident is a person who …, section 197(1)-'disabled adult', section 197(1)-'lower ADAT score adult', section 197D Qualification-disabled adult and one or more children each with a disability or medical condition, section 198(2)(d) Qualification-disabled adult or disabled adult and dependent child, section 198A Income test, section 198D Assets test

Dependent child of a lower ADAT score adult

A dependent child of a lower ADAT score adult meets the definition of a care receiver if the dependent child is:

  • under 6 years of age, OR
  • if aged 6 or more but under 16 years of age, is a CA (child) (1.1.C.90), AND
  • the carer supervises the care of the child.

Act reference: SSAct section 5(1)-'dependent child'

Child with a severe disability or severe medical condition

A child meets the definition of a care receiver if the child:

  • has a severe disability or severe medical condition, AND
  • is under the age of 16 years, AND
  • is an Australian resident, AND
  • requires constant care, AND
  • passes the care receiver income and assets tests (or has an exemption from the assets test), AND
  • the care provided by the carer for the child has been given a qualifying rating of intense under the DCLA (Child), AND
  • a THP (1.1.T.170) has certified in writing that because of the disability or condition, the child will need personal care of a specified number of carers, AND
  • the provision of that care by the carer/s will severely restrict their capacity to undertake paid employment.

Act reference: SSAct section 197B Qualification-child with a severe disability or severe medical condition, section 197F Qualification-exchanged care of children, section 197G Qualification-short term or episodic care of children, section 197H Qualification-extension of short term or episodic care, section 198A Income test, section 198D Assets test

Child with a disability or medical condition

A child meets the definition of a care receiver if the child:

  • has a disability or medical condition, AND
  • is under the age of 16 years, AND
  • is an Australian resident, AND
  • requires constant care, AND
  • passes the care receiver income and assets tests (or has an exemption from the assets test), AND
  • the care provided by the carer for the child and one or more other children with a disability or medical condition, or a disabled adult, has been given a qualifying rating of intense under the DCLA (Child), AND
  • a THP has certified in writing that, because of the disability or condition, the child will need personal care of a specified number of carers, AND
  • the provision of that care by the carer/s will severely restrict their capacity to undertake paid employment.

Note: A child care receiver who qualifies a carer for CP before they turn 16 years of age continues to meet the definition of a child care receiver until the later of the following:

  • they turn 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 assessment is completed.

Act reference: SSAct section 197C Qualification-2 or more children with a disability or medical condition, section 197D Qualification-disabled adult and one or more children each with a disability or medical condition, section 197F Qualification-exchanged care of children, section 197G Qualification-short term or episodic care of children, section 197H Qualification-extension of short term or episodic care, section 198A Income test, section 198D Assets test, section 197K Remaining qualified after child turns 16

Policy reference: SS Guide 3.6.4.34 CP (child) to CP (adult) transfer process

Child with a terminal condition

A child meets the definition of a care receiver if the child:

  • has a terminal condition, AND
  • is under the age of 16 years at the time that CP is claimed, AND
  • requires personal care for the remainder of their life, AND
  • is an Australian resident, AND
  • meets the care receiver income and assets test, AND
  • a medical practitioner has certified that the average life expectancy for a child with the same or a similar condition is not substantially longer than 24 months, and that personal care is required to be provided by a specified number of carers.

Note: A child care receiver who qualifies a carer for CP under terminal provisions before they turn 16 years of age continues to meet the definition of a child care receiver until the later of the following:

  • they turn 18 years of age, OR
  • where all CP (child) to CP (adult) transfer documentation is submitted on or before the day the child turns 18 years, until the ADAT assessment is completed.

Act reference: SSAct section 197E Qualification-child who has terminal condition, section 197F Qualification-exchanged care of children, section 198A Income test, section 198D Assets test

Policy reference: SS Guide 3.6.4.34 CP (child) to CP (adult) transfer process

Last reviewed: