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.

3.6.4.32 Qualification for CP (child) - child with a severe disability or severe medical condition

Summary

A carer can qualify for CP (child) (1.1.C.361) for care provided to a child aged under 16 years who has a severe disability or a severe medical condition.

Ex WP CP recipients do not need to meet the following criteria as their eligibility for CP is determined through their CA qualification (3.6.7.30). As long as they continue to qualify for CA they continue to qualify for CP. If qualification for CA ceases, CP is cancelled. A new application would be required and they would need to meet the CP criteria below.

Example: Jill had been in receipt of WP and CA as she cares for her husband Stefan. Jill is also the guardian and primary carer for her 6 year old grandson Luka who has Smith-Magenis Syndrome, and she also receives CA for the care she provides to him. When WP ceased on 20 March 2020 Jill was automatically transferred to CP based on her CA qualification. As long as Jill remains qualified for CA for Stefan or Luka she will continue to qualify for CP.

Qualification (1.1.Q.10) criteria

To qualify for CP (child) for care provided to a child with severe disability or severe medical condition, the criteria listed in the following table must be met. Where more detail about a criterion is required, the second column indicates where you will find this.

Criterion More detail
ALL of the following:

the carer personally provides constant care (1.1.C.310) for a child aged under 16 with a severe disability (1.1.S.133) or severe medical condition (1.1.S.130), AND

Note: A carer in receipt of CP (child) before the child turns 16 can remain qualified under CP (child) provisions until the later of the following:

  • the child turns 16 years and 3 months of age, OR
  • the child turns 18 years if qualified under CP (child) terminal provisions, OR
  • where all CP (child) to CP (adult) transfer documentation is submitted on or before the day the child turns 16 years, or 18 years under terminal provisions, until the ADAT assessment is completed.

3.6.4.34 CP (child) to CP (adult) transfer process

the carer has been given a qualifying rating of intense under the DCLA (3.6.12) for caring for the child, AND

-

a THP, whether or not it is the THP who completed the assessment under the DCLA, has certified in writing that, because of the severe disability or severe medical condition from which the child suffers:

  • the child will need personal care for a period of 6 months or more, or at least 3 months and less than 6 months for short term (1.1.S.172) or episodic care (1.1.E.132), AND
  • the personal care is required to be provided by a specified number of people, AND

Note: If a THP has not certified that more than one carer is required to provide care to the child, then only one person can qualify for CP in respect of the child.

3.6.4.38 Qualification for CP (child) - short term or episodic care

the provision of constant care by the carer must severely restrict the carer's capacity to undertake paid employment, AND

-

the general CP qualification criteria are met (e.g. residency requirements, care receiver income and assets tests).

3.6.4.10 Qualification for CP

Example: Sarah cares for her child Joe who has a severe disability. The provision of that care severely restricts Sarah's ability to undertake paid employment. The care load is assessed and rated under the DCLA and receives a qualifying rating of intense. A THP certifies that Joe will require care for 6 months or more and that care is to be provided by one person. Provided Sarah meets all the requirements of SSAct section 197B(2) and (3) and Joe meets the requirements of SSAct section 197B(4), Sarah will qualify for CP.

Act reference: SSAct section 197B Qualification-child with a severe disability or severe medical condition

Policy reference: SS Guide 3.6.4.10 Qualification for CP

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