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.

3.6.4.160 Qualification for CP (child) - transition (turning 16 years of age) from CP (child) to CP (adult)

Note: The following transition rules apply where the child turns 16 years and 3 months of age, or 18 years of age when qualified under terminal provisions, BEFORE 1 April 2023. Transition rules for children reaching these age milestones ON or AFTER 1 April 2023 can be found on 3.6.4.34 CP (child) to CP (adult) transfer process.

Summary

A carer in receipt of CP (child) can remain qualified for CP for up to 3 months after the child turns 16 years of age, or until the child is assessed, rated and given a score under the ADAT.

To transition from CP (child) to CP (adult) the care receiver must be assessed, rated and scored under the ADAT.

Transition rules

If the child is assessed, rated and given a score under the ADAT (i.e. a determination is made by the delegate of the Secretary) PRIOR to their 16th birthday and:

  • is given a qualifying score for CP (adult) (i.e. a score of at least 25, with a total professional questionnaire score of at least 10), CP will transition from CP (child) to CP (adult) on the child's 16th birthday
  • is NOT given a qualifying score for CP (adult), CP (child) will be cancelled on the child's 16th birthday.

If the child is assessed, rated and given a score under the ADAT (i.e. a determination is made by the delegate) AFTER the child's 16th birthday but BEFORE the child turns 16 years and 3 months and:

  • is given a qualifying score for CP (adult), the carer will transition to CP (adult) on the day the determination is made
  • is NOT given a qualifying score for CP (adult), CP (child) will be cancelled on the day the determination is made.

If the child is not assessed, rated and given an ADAT score (i.e. a determination is NOT made by the delegate) before the child turns 16 years and 3 months, CP (child) is cancelled on the day the child turns 16 years and 3 months. If the child is then assessed, rated and given an ADAT score (i.e. a determination is made by the delegate after the child turns 16 years and 3 months) normal date of effect rules will apply.

Note: A carer in receipt of CA (child) through qualification for CP (child) will continue to receive CA (child) until the CP (child) ceases (i.e. until either 3 months after the child turns 16 years or until a determination is made in relation to qualification for CP (adult)).

Act reference: SSAct section 197K Remaining qualified after child turns 16

Policy reference: SS Guide 3.6.4.10 Qualification for CP, 3.10.5 Dates of effect

Carer qualified for short term or episodic care

Qualification for CP (child) does not cease for short term or episodic care (3.6.4.38) if the care receiver/s turns 16 years before the end of the period determined by the delegate, provided they continue to meet all other qualification provisions. CP (child) qualification for short term or episodic care remains until the end of the period determined by the delegate.

If a carer applies for CP (adult) for the child, and the child is assessed, rated and given a score (i.e. a determination is made by the delegate) BEFORE the end of the period determined by the delegate, and:

  • is given a qualifying score for CP (adult), transition to CP (adult) will be on the day the determination is made, or the day the child turns 16 years, whichever is the latter
  • is NOT given a qualifying score for CP (adult), CP (child) will be cancelled at the end of the (short term or episodic) period determined by the delegate.

If the child is assessed, rated and given a score (i.e. a determination is made by the delegate) after the end of the (short term or episodic) period determined by the delegate, normal date of effect rules will apply.

Note: A decision to extend a period of short term or episodic care can only be made if an application for extension is made BEFORE the care receiver reaches 16 years of age.

Act reference: SSAct section 197G Qualification-short term or episodic care of children

Policy reference: SS Guide 3.6.4.10 Qualification for CP, 3.6.4.38 Qualification for CP (child) - short term or episodic care, 3.10.5 Dates of effect

Carer qualified for a child who has a terminal condition

A carer remains qualified for CP (child) for a child who has a terminal condition until the child turns 18 years, provided they continue to meet all other qualification provisions.

If a carer applies for CP (adult) for the child, and the child is assessed, rated and given a score (i.e. a determination is made by the delegate) PRIOR to or on the child's 18th birthday and:

  • is given a qualifying score for CP (adult), transition to CP (adult) will be on the child's 18th birthday
  • is NOT given a qualifying score for CP (adult), CP (child) will be cancelled on the child's 18th birthday.

If the child is assessed, rated and given a score (i.e. a determination is made by the delegate) AFTER the child's 18th birthday, normal date of effect rules will apply.

Act reference: SSAct section 197E Qualification-child who has a terminal condition

Policy reference: SS Guide 3.6.4.10 Qualification for CP, 3.6.4.33 Qualification for CP (child) - child who has a terminal condition, 3.10.5 Dates of effect

Carer qualified for combined care (2 or more children)

If a child who qualifies a carer for combined care (1.1.C.195) is turning 16 years, the carer can apply for either:

  • CP (adult) - for the child turning 16 years
  • CP (child) multiple care (1.1.M.155) for the care of the remaining child/ren (up to 2 children) and a disabled adult, or
  • CP (child) combined care - if there are at least 2 children (up to 4 children) with disability or a medical condition in their care.

Act reference: SSAct section 197C Qualification-2 or more children each with a disability or medical condition

Policy reference: SS Guide 3.6.4.10 Qualification for CP

Carer qualified for multiple care (disabled adult & one or more children)

If a child who qualifies a carer for multiple care is turning 16 years, the carer can apply for either:

  • CP (adult) - for the child turning 16 years, or
  • CP (child) multiple care - if there is at least one child (up to 2 children) with disability or a medical condition in their care and a disabled adult.

Act reference: SSAct section 197D Qualification-disabled adult and one or more children each with a disability or medical condition

Policy reference: SS Guide 3.6.4.10 Qualification for CP

Last reviewed: