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.T.190 Two or more disabled children (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 3.6.4.10 Qualification for CP

Definition

For the purposes of CP, 2 or more disabled children are 2 or more children who require a level of care that is AT LEAST equivalent to the level of care required by a child with a profound disability (1.1.C.146) when qualifying is determined by meeting 3 criteria from the 7 that relate primarily to physical disabilities.

Note: The care needs of 2 children cannot be combined to satisfy the severe intellectual, psychiatric and/or behavioural disabilities and conditions criteria.

Two or more disabled children are seen as requiring the same level of care as a child with a profound disability if:

  • each child has a severe disability (1.1.S.133) OR severe medical condition (1.1.S.130), AND
  • each child needs continuous personal care (1.1.C.340) for AT LEAST 6 months unless one of the children has a terminal condition, AND
  • between the children, AT LEAST 3 of the following circumstances must apply
    • the child receives all food and fluids 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 is 3 years of age or over and has faecal incontinence day and night; OR is under 3 and is expected to have faecal incontinence day and night at the age of 3
    • the child is 2 years of age or over and cannot stand without support; OR is under 2 and 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
    • both or all children require personal care on 2 or more occasions between 10 pm and 6 am each day, AND if the children are under 6 months old, are expected to need personal care on 2 or more occasions between 10 pm and 6 am each day at the age of 6 months.

Policy reference: SS Guide 3.6.4 CP - qualification & payability

Last reviewed: