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.

3.6.4.33 Qualification for CP (child) - child who has a terminal condition

Summary

A carer can qualify for CP for care provided to a child who has a terminal condition.

Qualification (1.1.Q.10) criteria

To qualify for CP under the terminal condition provision, 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 years at the time the claim is lodged, AND -
a medical practitioner has certified in relation to the child that:
  • the child has a terminal condition, AND
  • the average life expectancy for a child with the same or similar condition is not substantially longer than 24 months, AND
  • because of the condition the child will need personal care for the remainder of his/her life, AND
  • the personal care is required to be provided by a specified number of people, AND
Note: If a medical practitioner 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.
CP qualification criteria are met 3.6.4.10 Qualification for CP
a carer does not cease to be qualified for CP (child) for a child with a terminal condition after the child turns 16 years of age, provided they continue to meet all other qualification provisions.

Note: A carer can remain qualified under CP (child) provisions for a child who has a terminal condition until the later of the following:

  • the child turns 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 (3.6.4.34).

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

Policy reference: SS Guide 3.6.4.10 Qualification for CP, 3.6.4.34 CP (child) to CP (adult) transfer process

Last reviewed: