1.1.G.55 Grandfathering arrangements (CP (child))
For the purposes of CP (child), grandfathering arrangements refer to arrangements which allow a previous payment status, obtained under pre 1 July 2009 qualification provisions, to be maintained on or after 1 July 2009.
Person receiving a carer payment immediately before 1 July 2009
Carers who were receiving CP (child) immediately before 1 July 2009 because they were qualified under the pre 1 July 2009 provisions remain qualified (saved) under the pre 1 July 2009 qualification provisions on 1 July 2009.
Carers who are saved under this provision and remain qualified for CP (child) are also qualified for other post 1 July 2009 amendments to CP (child) such as:
- remain qualified for up to 3 months after child turns 16 years of age,
- unlimited hospitalisation provisions i.e. the previous 63 day limit no longer applies, and
- automatic qualification for CA (child) (if the carer or any other person is not already receiving CA for the child).
Carers who are saved under this provision CANNOT access the exchanged care (1.1.E.162) provisions. If a parent wishes to exchange the care of a profoundly disabled child or 2 or more disabled children with another parent, they will need to test their qualification for CP (child) under the new (1 July 2009) exchanged care qualification provisions.
Act reference: SSAct Schedule 1A clause 141 Saving-profoundly disabled child and disabled child, section 197F Qualification-exchanged care of children, section 197K Remaining qualified for up to 3 months after child turns 16, section 198 Qualification-disabled adult or disabled adult and dependent child, section 198AA Qualification for CP-hospitalisation, section 954B Qualification for CA-receiving CP for caring for child or children
Policy reference: SS Guide 1.1.C.146 Child with a profound disability (CP (child)), 1.1.S.40 Saved cases, savings provisions, 22.214.171.124 Qualification for CA (child) - automatic qualification for CA (child) through qualification for CP (child), 126.96.36.199 Qualification for CP during temporary absence from the private home - hospitalisation, 188.8.131.52 Qualification for CP (child) - exchanged care, 184.108.40.206 Qualification for CP (child) - transition (turning 16 years of age) from CP (child) to CP (adult)
Person not qualified under 'grandfathering' arrangements
Any care receiver/s for whom the grandfathering arrangements do not apply and who has/have not been assessed under the appropriate developmental milestone used in the DCLA (1.1.D.170) must be reassessed under the complete DCLA claim process, including the professional questionnaire and the ACL questionnaire.